Pammi Kranth Kumar Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

Pammi Kranth Kumar Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to avail appropriate remedy as available under law; miscellaneous petitions, if any, pending in the writ petition closed; no costs.

Issue for consideration

Whether the action of respondent Nos. 8 to 10 in taking away the petitioner's minor son Ishaan Krishna (aged about 7 1/2 years) to Canada, while G.W.O.P. No. 10 of 2025 and I.A. No. 193 of 2025 were pending before the II Additional Family Court, Medchal Malkajgiri District, was illegal, arbitrary and unconstitutional. (Raised by the petitioner; not adjudicated - petition withdrawn.) +1 more

Ratio / Principle

Learned counsel for the petitioner sought permission of the Court to withdraw the writ petition with liberty to avail appropriate remedy as available under law, and the Court accorded that permission.

Key takeaways

In view of the request, the writ petition was dismissed as withdrawn; miscellaneous petitions, if any, pending in the writ petition stood closed; and there was no order as to costs.ratio¶41

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction); W.P. No. 11651 of 2025; decided 17 April 2025 by N.V. Shravan Kumar, J. Pammi Krarth Kumar v. Union of India and others (including the Consulates General at Toronto and Vancanour (Vancouver), Bureau of Immigration, State of Telangana police authorities, respondent Nos. 8-10 (mother and maternal grandparents of the child), and Canadian consular missions). The petitioner, by writ under Article 226 of the Constitution of India, sought a writ of mandamus declaring illegal, arbitrary and unconstitutional the action of respondent Nos. 8 to 10 in taking his minor son Ishaan Krishna (aged about 7 1/2 years) to Canada despite G.W.O.P. No. 10 of 2025 (permanent custody) and I.A. No. 193 of 2025 (restraint on relocation without court's order) pending before the Hon'ble II Additional Family Court, Medchal Malkajgiri District, and sought to restrain respondent Nos. 1 to 4, 11 and 12 from approving respondent No. 8's application dated 04.04.2025 vide Application No. V350084851 without the court's order; I.A. No. 1 of 2025 (under a CPC provision, printed in corrupted form) sought interim restraint pending disposal of the writ petition. On the date of hearing, counsel for the petitioner sought leave to withdraw the writ petition with liberty to avail appropriate remedy as available under law. Held: permission accorded; writ petition dismissed as withdrawn; miscellaneous petitions, if any, closed; no costs. No issue on merits was adjudicated.

)

\

[^32s5l

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special'Original Jurisdiction)

THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

pneier.rr

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 11651 OF 2O25

Between:

Pammi Krarth Kumar, S/o P_ammi Srinivasa Chary, Aged 31 years, occ. pvt. !mp!oye_e,^{Rl/o.H.No.105,HtG, Phase-|, BHEL, Ramachlndrapur6m,} Sangireddy District, Telang ana - 502 032.

..PETITIONER

AND

1 Union of lndia, Rep. by its Secretary, Ministry of External Affairs, New Delhi.

2 The Consulate General of lndia, Rep. by Consul General, Toronto, Canada.

J The Consulate General of lndia, Rep. by Consul General, Vancanour, Canada.

Bureau of lmmigration, Rep. by the Commissioner, Bureau of lmmigration, New Delhi.

The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad.

The Commissioner of Police, Cyberabad Commissionerate Cyberabad.

The S.H.O, Bachupally Police Station , Bachupally, Hyderabad.

Pammi [t/eena, D/o. Kasula Venkata Ramana, Aged 33 years, Occ. Housewife, Rt/o.Flat No.B-F-10, Brahma Block, 1st Floor, Sri Krishna Saiesha Legend Apartment, Nall Pochamma Temple road, Nizampet, Hyderabad, Telangana - 500 090.

Kasula Venkata Ramana, S/o. not known to the petitioner, Aged 65 years, Occ. Retd. Employee, Rl/o.Flat No.B-F-10, Brahma Block, 1st Floor, Sri Krishna Saiesha Legend Apartment, Nall Pochamma Temple road, Nizampet, Hyderabad, Telangana - 500 090.

Kasula Hymavathi, W/o. Kasula Venkata Ramana, Aged 58 years, Occ. Housewife, Fl/o.Flat No.B-F-'l0, Brahma Block, 1st Floor, Sri Krishna Saiesha Legend Apartment, Nall Pochamma Temple road, Nizampet, Hyderabad, Telangana - 500 090.

'1 1.The Canada Consulate General, Bangalore, Karnataka State, India 12.High Commission of Canada, New Delhi, lndia.

...RESPONDENTS

12.High Commission of Canada, Bangalore, Karnataka State, India.

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or Direction more particularly one in the nature of wRlr oF MANDAMUS declaring the action of the respondent nos. 8 to 10 in taking away the petitioner's minor son lshaan Krishna, who is aged about 71l2 years to canada despite the G.w.o.p No.10 of 2o2s filed by the petitioner, seeking permanent custody of the chird and l.A No.193 of 2025 seeking a direction not to relocate the child without court's order are pending before the Hon'ble ll Addl.Famiry court Medchar Markajgiri District as iilegar, arbitrary, unco nstitutional and consequenfly drrect the respondent Nos. 1 to 4 and .l 1 and 12 not to approve the apprication made by the respondent No.g vide apprication No. V35008485'1 , without the cou('s order in view of the above pending cases.

lA NO: 1 OF 2025

Petition under section i s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent nos. 1 to 4 bnd 1 1 and 12 not to approve the apprication dared 04.04.2025 made by the respondent no.g vide its apprication No v350084851 without the order of Hon'bre il Addr. Famiry court Medchar Malkajgiri District in GWop.No.10 of 2025, pending disposar of the above writ petition.

Counsel for the Petitioner: SRI. NAGESHWAR RAO PUJARI

Counsel for the Respondent Nos.1 to 4: GADI PRAVEEN KUMAR Deputy Solicitor General of lndia

Counsel for the Respondent Nos.5 to 7: Gp FOR HOME

Counsel for the Respondent Nos.g to 10:--_

The Court made the following: ORDER

HONOURABLE^{SRI JUSTICE N'V'SHRAVAN KUMAR}

WRIT^{PETITIONNo.116 5'1. ot 2025}

oRDER

Today^{whcn the matterhas been takenup for hearing' learned} counsel^{for the petitioner seeks permrssronof this Court to withdraw} the writ^{petitionwith a libertyto avail appropriate remedy as available}

under^law

In view^{of the same'} Permission^{is accorded to withdraw the writ} petition^{with a liberty to avail appropriate remedyas available under}

law

AccordingiY,^{the writ Petition} IS dismissed AS withdrawn. Miscellaneous Petitions'^{if any, pendingin this writ petition shall stand}

closed.^{No costs}

SD/-P. PONNA KRISHNA STANT REGISTRAR //TRUE COPY//

\

SECTION OFFICE

To,

'1 . One CC to Sri Nageshwar Rao Pujari, Advocate. tOpUCI

One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia, IoPUCI

Two CC to The GP for Home, High Court for the State of Telangana, at Hyderabad[OUTJ

Two CD Copies.

e- CYS GJP

HIGH COURT

DATED: 1Tt04t2\2s

ORDER

WP.No.I1G51 of 2O2S

c ir't i'i c s14
r(, c
II ()i)
2I AtlE 206
* {
at ,,
Jn,el C, r!-'

DISMISSING OF THE WRIT PETTTION WITHOUT COSTS

9r.l