Disposed¶45

Karthikan Gopal v. the Foreeigner Regulation Registration Officer (Frro)

Madras HC12 Dec 2025WP/46960/2025

Case brief

AI extract

What is this about?

Exit permit; foreigner overstay; police clearance certificate; deficiency letter; FRRO Bureau of Immigration; Commissioner of Police; Immigration and Foreigners Act 2025; retrospective application of statute; Foreigners Act (old Act); Article 226; certiorarified mandamus; overstay penalty Rs.67,600; Malaysian citizen; Madras High Court; WP No. 46960 of 2025.

What did the court decide?

Writ petition disposed of without costs; connected miscellaneous petition closed. Commissioner of Police directed to issue the required clearance certificate within 15 days, and on production thereof the first respondent (FRRO) to process the petitioner's application and grant exit permission within a further 15 days. ¶45

Karthikan Gopal Vs the Foreeigner Regulation… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned deficiency letter dated 15.09.2025 issued by the first respondent, insisting on a police clearance certificate from the Commissioner of Police from the date of arrival till date despite the petitioner having already produced a certificate from the third respondent, was illegal/arbitrary, and whether the petitioner's exit permit application should be reopened and processed. +1 more

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Court's answer

The second respondent/Commissioner of Police is directed to issue the required clearance certificate within 15 days from receipt of a copy of the order; on production of such certificate, the first respondent shall process the petitioner's application and grant exit permission within a period of 15 days thereafter.

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Ratio / Principle

Since prosecution was not launched under the provisions of the Foreigners Act (old Act), and the new Immigration and Foreigners Act 2025 came into force only in 2025, the new Act cannot be applied retrospectively to the petitioner's overstay in the year 2022; the penalty has already been paid and collected by the first respondent.

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Detailed headnote1 paragraphs

Madras High Court (N. Sathish Kumar, J.), disposing of WP No. 46960 of 2025 (writ of certiorarified mandamus under Article 226): A Malaysian citizen who entered India on a tourist visa expiring 16.06.2022 and overstayed due to personal family issues sought an exit permit (applied 16.03.2025; application No 010925WCNZ8Q dated 01.09.2025). After producing a police clearance certificate from the third respondent (Inspector of Police, M-3 Puzhal Police Station) dated 28.08.2025 pursuant to an earlier deficiency letter dated 28.03.2025, the petitioner faced a further deficiency letter dated 15.09.2025 (Ref. File No TN0200776325) from the FRRO insisting on a certificate from the Commissioner of Police from date of arrival till date. The Court held that since no prosecution was launched under the old Foreigners Act and the Immigration and Foreigners Act 2025 came into force only in 2025, the new Act cannot be applied retrospectively to the 2022 overstay, and noted the overstay penalty of Rs.67,600/- was already imposed and collected. The Commissioner of Police was directed to issue the required clearance certificate within 15 days, failing which nothing more was demanded; on production of the certificate the FRRO was to process the application and grant exit permission within a further 15 days. Petition disposed of without costs and the connected WMP (No.52455 of 2025) closed.

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WP No. 46960 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-12-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

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WP No. 46960 of 2025 and WMP No.52455 of 2025

Karthikan Gopal

Petitioner(s)

The Foreigner Regulation Registration Officer (FRRO) Bureau Of Immigration, Shastri Bhavan Annexure, No 26 Haddows Road, Chennai District

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2.The Commissioner Of Police Chennai City Police Commissioner’s Office Chennai 600 007

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3.The Inspector Of Police, M-3 Puzhaal Police Station, Chennai District

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Respondent(s)

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PRAYER

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This writ petition filed under article 226 of the Constitution of India to issue a writ of certiorarified mandamus to Call for the records pertaining to the impugned deficiency letter dated 15.09.2025 Ref. File No TN0200776325 1 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 46960 of 2025

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issued by he 1st respondent and quash the same as illegal and arbtirary and consequently direct the 1st respondent to consider the Police Clearance Certificate issued by the 3rd Respondent in favour of the petitioner to reopen and process the exit permit application No 010925WCNZ8Q dated 01.09.2025 by following the due process of law

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For Petitioner(s): Mr. Balaji Thirumoorthy

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For Respondent(s): M/s.U.M.Sankar, CGSC, For R1 Mr.L.Baskaran, Govt. Advocate For R2 And R3

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ORDER

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Challenging the deficiency letter issued by the first respondent insisting

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the petitioner to produce a police clearance certificate from the Commissioner of Police from the date of arrival till date, the present writ petition has been filed.

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The petitioner, a Malaysian citizen, entered India with a valid tourist

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viza, which expired on 16.06.2022. He overstayed due to certain personal family issues, but now intends to return to his country. Hence, he applied for an exit permit on 16.03.2025. Though he produced the police clearance certificate

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2 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 46960 of 2025

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issued by the third respondent on 28.08.2025, the first respondent once again issued the impugned letter dated 15.09.2025 insisted on production of police clearance certificate from the Commissioner of Police from the date of arrival

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till date . Challenging the same, the petitioner is before this Court.

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The learned counsel for the petitioner would submit that the petitioner has already produced the clearance certificate issued by the third respondent as required in the earlier deficiency letter dated 28.03.2025. Issuing yet another deficiency letter insisting on further certificate from the Commissioner of Police is improper. The petitioner intends to leave the counter and seeks a direction to process his exit permit.

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The learned Central Government Standing Counsel appearing for the first respondent, on instructions, would submit that clearance certificate from the Commissioner of Police is mandatory. Once such Certificate is produced, the application of the petitioner will be processed. It is also stated that the penalty for overstay of Rs.67,600/- has been imposed and collected. Hence, on production of the certificate from the Commissioner of Police, the application will be processed.

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3 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 46960 of 2025

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The learned Government Advocate appearing for the respondents 2 and

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3, on instructions, would submit that if the petitioner approaches the second respondent, a proper enquiry will be conducted and necessary certificate will be issued.

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I have considered the matter in the light of the submission made on both sides and perused the materials placed on record.

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It is clear that since the prosecution was not launched under the provisions of the Foreigners Act(old Act), and since the new Act, namely, the Immigration and Foreigners Act 2025, has come into force only in 2025, the same cannot be applied retrospectively for the petitioner’s overstay in the year 2022. Penalty has already been paid and the same has been collected by the first respondent.

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Considering the facts and the submissions, the second respondent/ Commissioner of Police is directed to issue the required clearance certificate within a period of 15 days from the date of receipt of a copy of this order. On production of such certificate, the first respondent shall process the petitioner’s application and grant exist permission within a period of 15 days thereafter.

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4 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 46960 of 2025

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With the above observations and directions, this this writ petition is

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disposed of. No costs. Consequently, connected miscellaneous petition is

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closed.

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12-12-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes

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mrp

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1.The Foreigner Regulation Registration Officer (FRRO) Bureau Of Immigration, Shastri Bhavan Annexure, No 26 Haddows Road, Chennai District 2.The Commissioner Of Police Chennai City Police Commissioners Office Chennai 600 007

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3.The Inspector Of Police M-3 Puzhaal Police Station Chennai District

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5 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 46960 of 2025

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N.SATHISH KUMAR J.

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mrp