Disposed

Bamakrishnakumar v. The Chief Immigration OFficer

Madras HC10 Jul 2024WP/3835/2021

Case brief

AI extract

What is this about?

Netherlands citizen sought mandamus to consider her tourist visa application and permit entry to India to join her children. The visa had already been rejected owing to a pending Look Out Circular. Holding no mandamus would lie against an already rejected application, the Court directed communication of the rejection order and disposed of the petition.

What the court decided

AI extract

Bamakrishnakumar Vs The Chief Immigration OFficer — Writ and Judicial Review | Madras HC (2024)

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W.P.No.3835 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.07.2024

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CORAM :

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.No.3835 of 2021

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and

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W.M.P.No.4391 of 2021

Bamakrishnakumar

.. Petitioner

1.The Chief Immigration Officer,

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Bureau of Immigration,

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Ministry of Home Affairs,

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Government of India, Shastri Bhavan, Chennai.

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2.The Home Secretary, Ministry of Home Affairs, Union of India,

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New Delhi

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3.The Secretary to Government, Ministry of External Affairs, Union of India, New Delhi.

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4.The Consulate General, Visa Section, Indian High Commission at Netherland, Netherland.

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5.The Foreigners Regional Registration Officer, R.K.Puram, New Delhi.

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6.The Foreigners Regional Registration Officer, No.26, Shastri Bhavan, Annex Building, Haddows Road, Nungambakkam, Chennai – 600 034. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 5^th respondent to consider my visa application No.NLDTVOIF2219 dated 10.07.2019 and issue tourist VISA and permit me to enter India and stay for visa period.

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W.P.No.3835 of 2021

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For Petitioner : Ms.V.Roja for Ms.Kanimozhi Mathi For Respondents : Mr.S.Janarthanam, Senior Panel Counsel ORDER

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The petitioner seeks a mandamus directing the 5^th respondent i.e., the Foreigners Regional Registration Officer, New Delhi to consider her visa application dated 10.07.2019 and issue tourist visa by permitting her to enter India and stay for visa period.

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The submission of the petitioner is that she is a citizen of Netherlands and her family was shattered during the civil war in Srilanka and her husband, a refugee, is presently holding citizenship of Netherlands. She wants to come to India to be with her children. Hence she has applied for a tourist visa.

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Counter affidavit has been filed by the official respondents denying the averments made in the writ affidavit. At para 3, the respondents state that her tourist visa application was rejected due to pendency of the Look Out Circular notice. Reliance is placed on a decision of the Delhi High Court in LPA No. 219 of 2019 filed against W.P.(C) No. 8455 of 2019 ( Savitha Kumar v UOI). In all, the respondents pray for dismissal of this writ petition.

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As the visa application has itself been rejected, a mandamus will not lie. However, it appears that the order has not been sent to the petitioner. Hence, R5 is directed to communicate the order to the

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W.P.No.3835 of 2021

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petitioner forthwith, an in any event, within two weeks from date of

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receipt of a copy of this order.

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Writ petition stands disposed in terms of this order. No costs.

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Connected miscellaneous petition is closed.

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10.07.2024

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Neutral Citation:Yes ssm To

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1.The Chief Immigration Officer, Bureau of Immigration, Ministry of Home Affairs, Government of India, Shastri Bhavan, Chennai.

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2.The Home Secretary, Ministry of Home Affairs, Union of India, New Delhi

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3.The Secretary to Government, Ministry of External Affairs, Union of India, New Delhi.

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4.The Consulate General, Visa Section, Indian High Commission at Netherland, Netherland.

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5.The Foreigners Regional Registration Officer, R.K.Puram, New Delhi.

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6.The Foreigners Regional Registration Officer, No.26, Shastri Bhavan, Annex Building, Haddows Road, Nungambakkam, Chennai – 600 034.

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W.P.No.3835 of 2021

DR. ANITA SUMANTH,J.

ssm

W.P.No.3835 of 2021

10.07.2024

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Bamakrishnakumar v. The Chief Immigration OFficer

Case brief

What is this about?

What the court decided

Bamakrishnakumar v. The Chief Immigration OFficer

Case brief

What is this about?

What the court decided

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