Madras High Court
Fathimafarzanamarkar @ ... vs The Union Of India on 8 November, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD).Nos.14656 & 14657 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.11.2024
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.14656 & 14657 of 2023
and
W.M.P.(MD).Nos.12372 & 12375 of 2023
W.P.(MD).No.14656 of 2023
Fathimafarzanamarkar @ Fathimafarzanashihab ...Petitioner
Vs.
1.The Union of India,
Represented by its Principal Secretary.
Ministry of Foreign Affairs,
New Delhi.
2.Foreign Regional Registration Office,
Bureau of Immigration,
Haddows Road, Subha Road Avenue,
Shastri Bhawan,
Nungambakkam, Chennai.
3.The State of Tamil Nadu,
Rep. by its Secretary, Public (Foreigners - II) Department,
Secretariat, Fort. St. George, Chennai.
4.The District Collector,
Trichy District, Trichy.
5.The Commissioner of Police,
Trichy City, Trichy.
6.The Inspector of Police,
Vedaranyam Police Station,
Nagapattinam District. ... Respondents
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W.P.(MD).Nos.14656 & 14657 of 2023
W.P.(MD).No.14657 of 2023
Mohammed Shihab @ Muhammad Shihab ...Petitioner
Vs.
1.The Union of India,
Represented by its Principal Secretary.
Ministry of Foreign Affairs,
New Delhi.
2.Foreign Regional Registration Office,
Bureau of Immigration,
Haddows Road, Subha Road Avenue,
Shastri Bhawan,
Nungambakkam, Chennai.
3.The State of Tamil Nadu,
Rep. by its Secretary, Public (Foreigners - II) Department,
Secretariat, Fort. St. George, Chennai.
4.The District Collector,
Trichy District, Trichy.
5.The Commissioner of Police,
Trichy City, Trichy.
6.The Inspector of Police,
Vedaranyam Police Station,
Nagapattinam District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Mandamus, forbearing the Respondents from
deporting the Petitioner and his children to Srilanka on the consideration
of the Criminal Case in S.T.C.No.507 of 2020 convicted on the file of the
Learned District Munsif cum Judicial Magistrate, Vedaranyam,
Nagapattinam District till the process of issuance of VISA by the
Embassy of Australia and direct the respondents to deport the petitioner
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W.P.(MD).Nos.14656 & 14657 of 2023
and her children to Australia after issuance of VISA by the Australian
Embassy.
In Both Writ Petitions
For Petitioners : Mr.K.R.Badurus Zaman
For R-1 & R-2 : Mr.K.Govindarajan,
Deputy Solicitor General of India
For R-3 to R-6 : Mr.A.Albert James
Government Advocate
(Criminal Side)
COMMON ORDER
Both these Writ Petitions have been filed for the issue of Writ of
Mandamus forbearing the respondents from deporting the petitioners and
their family members on the basis of the judgment passed in S.T.C.No.
507 of 2020 by the learned District Munsif cum Judicial Magistrate,
Vedharanyam, till the process of issuance of visa is considered and given
by the Embassy of Australia.
2. Heard the learned counsel on either side.
3. In the considered view of this Court, the present Writ Petitions
have been filed without any semblance of legal right. A Writ of
Mandamus can be issued only if the petitioner establishes a legal right
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W.P.(MD).Nos.14656 & 14657 of 2023
and a corresponding legal duty on the part of the respondents.
Admittedly, the petitioners have been convicted for the offence under
Section 12(1)(c) of the Passport Act, 1967 in S.T.C.No.507 of 2020 by
the learned District Munsif cum Judicial Magistrate, Vedharanyam and
they have been sentenced to undergo two months Simple Imprisonment
and to pay fine. Under such circumstances, the petitioners seem to be
taking steps to go to Australia and they have also applied for a visa. It is
not known with which passport they will be applying for such a visa to
go to Australia. That apart, their very stay in India is now in question
and presently, they are made to stay at Trichy camp pursuant to the
Government Order passed in G.O.(1D).No.104, Public (Foreigners-II)
Department, dated 05.03.2021.
4. The relief sought for in these Writ Petitions are mis-conceived
and this Court does not see any merit in these Writ Petitions and
accordingly, the same stand dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
-08.11.2024
Index :Yes/No
Internet : Yes/No
TSG
https://www.mhc.tn.gov.in/judis
W.P.(MD).Nos.14656 & 14657 of 2023
To
1.The Principal Secretary,
Union of India,
Ministry of Foreign Affairs,
New Delhi.
2.Foreign Regional Registration Office,
Bureau of Immigration,
Haddows Road, Subha Road Avenue,
Shastri Bhawan,
Nungambakkam, Chennai.
3.The Secretary, Public (Foreigners - II) Department,
State of Tamil Nadu,
Secretariat, Fort. St. George, Chennai.
4.The District Collector,
Trichy District, Trichy.
5.The Commissioner of Police,
Trichy City, Trichy.
6.The Inspector of Police,
Vedaranyam Police Station,
Nagapattinam District.
7.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).Nos.14656 & 14657 of 2023
N.ANAND VENKATESH.J.,
TSG
Common Order made in
W.P.(MD).Nos.14656 & 14657 of 2023
Dated :
08.11.2024
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