High Court directed respondents to furnish a certified copy of an internal letter cancelling petitioner's OCI card so she could approach a competent forum to challenge the order.
Directed respondents to furnish certified copy of impugned letter within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.02.2021 CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.22837 of 2019 and W.M.P.No.22437 of 2019 and W.M.P.No.22247 of 2020
Meenachi Jagatheesan
Rep.thro the General Power of Attorney, Mr.Dhanasekar Jagatheesan
@ S.K.J.Dhanasekar … Petitioner Vs 1. The Union of India, Represented by the Secretary to the Ministry of Home Affairs, North Block, New Delhi - 110 001. 2. The Secretary (East), Ministry of External Affairs, South Block, New Delhi. 3. The High Commission of India, Level 28, Menara -1, Mon't Kiara, N-1, Jalan Mon't Kiara- 50480, Kuala Lumpur, Malaysia
4.The Foreigner Regional Registration Officer, Shastri Bhavan Annexe, No.26, Haddows Road, Nungambakkam, Chennai 600 006. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the 1st and 2nd respondents to furnish a certified copy of the letter in MEA (PV-I) Letter No.VI/402/12/91 dated 09.07.1991 to the petitioner.
For petitioner ... M/s.Ahmad Associates For respondents 1,2 & 4 ... Mr.A.Kumaraguru, SCGSC ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the respondents 1 and 2 to furnish the certified copy of the letter in MEA (PV-I) Letter No.VI/402/12/91 dated 09.07.1991 to the petitioner.
statutory bar preventing the respondents to serve a copy of the impugned letter dated 09.07.1991. Undoubtedly, the internal confidential records of the respondents need not be furnished to the petitioner. However, this Court is of the considered view that the impugned letter dated 09.07.1991 can be served upon the petitioner by the respondents, as it will not prejudice the rights of the respondents or any other party.
2 issues framed by the court
Whether the petitioner is entitled to a direction to obtain a certified copy of an internal confidential order cancelling her OCI card.
Whether the want of service of the cancellation order prevents the petitioner from challenging the order.
1 provisions across 1 enactments
Meenachi Jagatheesan
The Union of India
The Secretary (East), Ministry of External Affairs
The High Commission of India, Kuala Lumpur
The Foreigner Regional Registration Officer, Chennai
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
