A writ petition challenging delay in processing a citizenship registration application for a minor daughter filed by Malaysian parent. Court directed finalization within two months.
Respondent directed to finalise application Ext.P3 within two months from receipt of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 15TH DAY OF JULY 2019 / 24TH ASHADHA, 1941
WP(C).No.15964 of 2019
PETITIONERS:
1 LIJI.S.NAIR AGED 33 YEARS, D/O. K.P.V. SUKUMARAN, SURABHI, MELAKKAM P.O, KARUVAMBRAM, MANJERI, MALAPPURAM-676 123 2 AKSHITHA JAYAKUMAR AGED 12 YEARS, MINOR REPRESENTED BY HER MOTHER AND GUARDIAN, LIJI S. NAIR, AGED 33 YEARS, D/O. K.P.V SUKUMARAN, SURABHI, MELAKKAM P.O, KARUVAMBRAM, MANJERI, MALAPPURAM-676 123
BY ADVS. SRI.C.HARIKUMAR SRI.HARIKRISHNAN SRI.PRADEEPKUMAR JOHN SRI.RENJITH RAJAPPAN
RESPONDENT:
UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001
BY SRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 15964/2019
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JUDGMENT
The first petitioner is an Indian citizen and her minor daughter is a Malaysian citizen. This writ petition is filed aggrieved by the delay on the part of the respondent in considering the application filed by the petitioners under Section 5(4) of the Citizenship Act, 1955 for registration of the second petitioner, who is a minor, as an Indian citizen. The grievance highlighted by the petitioners is the nonconsideration of application on an early basis.
W.P.(C) 15964/2019 -:3:-
are forwarded to the respondent.
This writ petition is disposed of directing the respondent to finalise Ext.P3 application in accordance with law at the earliest and at any rate, within two months from the date of receipt of a copy of this judgment.
Sd/-
SHAJI P.CHALY, JUDGE
vps
W.P.(C) 15964/2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 7208 OF 2017 OF THIS HON'BLE COURT DATED 15.03.2017. EXHIBIT P2 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 07.12.2017. EXHIBIT P3 THE TRUE COPY OF THE APPLICATION PRERFERRED BY THE 1ST PETITIONER DATED 12.01.2018. EXHIBIT P4 THE TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR, MALAPPURAM FORWARDING EXHIBIT P3 APPLICATION TO THE STATE GOVERNMENT DATED 25.01.2018. EXHIBIT P5 THE TRUE COPY OF THE LETTER FROM THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, DATED 08.02.2018. EXHIBIT P6 THE TRUE COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE PRINCIPAL SECRETARY (HOME) GOVERNMENT OF KERALA DATED 31.08.2018.
RESPONDENT'S/S EXHIBITS:
NIL /TRUE COPY/
VPS PS TO JUDGE
1 issue framed by the court
Whether the delay in considering the application for registration of a minor as an Indian citizen under Section 5(4) of the Citizenship Act warrants relief.
1 provisions across 1 enactments
Liji.S.Nair
Akshitha Jayakumar
Union of India
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
