Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 31ST DAY OF JULY 2013 9TH SRAVANA, 1935 WP(C).No. 18415 of 2013 (B) ---------------------------- PETITIONER(S): -------------- SR.FABIOLA FABBRI, AGED 4 YEARS DAUGHTER OF SRI.ALFREDO FABBRI RESIDING AT 'ASHWAS BHAVAN' SISTER OF OUR LADY OF CONDSOLATIONS, JOB ROAD ST.JOHN PATTAM, FORT COCHIN, ERNAKULAM PIN 682001. BY ADVS.SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENT(S): -------------- 1. THE REGISTRATION OFFICER FOREIGNER REGIONAL REGISTRATION OFFICE (FRRO) BUREAU OF IMMIGRATION, COCHIN INTERNATIONAL AIRPORT NEDUMBASSERY, ERNAKULAM, PIN 683111.
2. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS (FOREIGNERS' DIVISION) GOVERNMENT OF INDIA, NEW DELHI-110001.
3. DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM PIN 682030.
4. COMMISSIONER OF POLICE KOCHI CITY, ERNAKULAM, COCHIN-682011.
5. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695001. R1 & R2 BY SRI.P.PARAMESWARAN NAIR, ASG OF INDIA R3-R5 BY SENIOR GOVERNMENT PLEADER SRI.VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18415 of 2013 (B) ---------------------------- APPENDIX PETITIONER'(S) EXHIBITS: EXHIBIT-P1: TRUE COPY OF PETITIONER'S PASSPORT WITH THE RELEVANT PAGES WITH ENDORSEMENTS DATED 16 11.2009. EXHIBIT-P2: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE 1ST RESPONDENT ON 29.1.2002 WITH THE SUBSEQUENT RENEWALS MADE BY THE 1ST RESPONDENT TILL 2012 EXHIBIT-P3: TRUE COPY OF LETTER DATED 14 2.2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT-P4: TRUE COPY OF REPRESENTATION DATED 13 4.2013 SUBMITTED BY PETITIONER TO THE MEMBER OF PARLIAMENT OF ERNAKULAM CONSTITUENCY. EXHIBIT-P5: TRUE COPY OF RELEVANT PAGE DOWNLOADED FROM THE WEBSITE OF THE 2ND RESPONDENT. EXHIBIT-P6: TRUE COPY OF APPLICATION PREPARED BY THE PETITIONER FOR NATURALISATION AS A CITIZEN OF INDIA AS PER FORM XII OF THE ACT. EXHIBIT-P7: TRUE COPY OF PAPER PUBLICATION EFFECTED BY THE PETITIONER ON 4TH JULY 201 IN THE MATHRUBHOOMI NEWSPAPER. EXHIBIT-P8: TRUE COPY OF PAPER PUBLICATION EFFECTED BY THE PETITIONER ON 4TH JULY 201 IN THE NEW INDIAN EXPESS NEWSPAPER. EXHIBIT-P9: TRUE COPY OF AFFIDAVIT PREPARED BY THE PETITIONER AS PROVIDED UNDER THE RULES DATED 8 7.2013. EXHIBIT-P10: TRUE COPY OF AFFIDAVIT FROM THE BISHOP OF ALLEPPEY DATED 8 7.2013. EXHIBIT-P11: TRUE COPY OF AFFIDAVIT FROM THE CHAIRMAN OF STANDING COMMITTEE FOR TOWN PLANNING, CORPORATION OF COCHIN DATED 8 7.2013. EXHIBIT-P12: TRUE COPY OF CERTIFICATE ISSUED BY E.M.GOVERNMENT HIGHER SECONDARY SCHOOL, VELI, FORT COCHIN-682001 DATED 15 7.2013. EXHIBIT-P13: TRUE COPY OF CERTIFICATE ISSUDE BY OUR LADY'S C.G.L.P.SCHOOL, PALLURUTHY, COCHIN-682005 DATED 4 7.2013. EXHIBIT-P14: TRUE COPY OF CHALLAN EVIDENCING REMITTANCE OF THE REQUISITE FEE FOR THE PURPOSE OF SDUBMITTING THE APPLICATION FOR CITIZENSHIP DATED 16 7.2013. EXHIBIT-P15: TRUE COPY OF LETTER DATED 11 7.2013 ISSUED BY THE 1ST RESPONDENT, WHICH WAS RECEIVED BY THE PETITIONER ON 13.7.2013. EXHIBIT-P16: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 13 7.2013. EXHIBIT-P17: TRUE COPY OF REPRESENTATION DATED 13 7.2013 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR INDIAN OVERSEAS AFFAIRS. EXHIBIT-P18: TRUE COPY OF LETTER DATED 22 7.2013 ISSUED BY THE WORSHIPFUL MAYOR OF THE CORPORATION OF COCHIN. EXHIBIT-P19: TRUE COPY OF JUDGMENT DATED 24 3.2011 IN W.P.(C) NO.8641 OF 201.OF THIS HONOURABLE COURT. RESPONDENT'(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 18415 OF 201.- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2013 JUDGMENT The petitioner has approached this Court with the following prayers : "i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P15 letter and quash the same; ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to extend the petitioner's visa for her continued residence in India by setting aside Ext.P15 order; iii) issue a writ of mandamus, or any other appropriate writ or direction commanding the 2nd respondent to process Ext.P6 application of the petitioner for citizenship of India through naturalisation, without insisting for a valid residential permit and grant citizenship in favour of the petitioner; iv) issue a writ of mandamus or any other appropriate writ, order or direction commanding the W.P.(C)No.18415/201”
3. d respondent to accept Ext.P6 application of the petitioner as provided under Rule 11 of the Citizenship Rules, 2009 without insisting for a valid residential permit and forward the same to the 2nd respondent; v) issue a writ of mandamus, or any other appropriate writ, order or direction commanding the 2nd respondent to sympathetically consider Ext.P16 representation submitted by the petitioner and pass appropriate orders on the same granting the petitioner an extension of her visa and permitting her to submit her application for citizenship; vi) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to enforce Ext.P15 order and keep in abeyance the direction to her to leave India on or before 31.7.2013, before her representation pending before the 2nd respondent is considered and appropriate orders are passed thereon; vii) issue such other and further reliefs, including the necessary interim order as this Honourable Court may deem fit and necessary to meet the ends of justice in the facts and circumstance of this case." 2. Today, when the matter is taken up for consideration, the W.P.(C)No.18415/2013 3 learned Central Government counsel appearing for the first and second respondents submits on instructions obtained over fax from the office of the first respondent that, the time stipulated as referred to in Ext.P15 issued by the first respondent has already been extended upto 31.12.2013, subject to the condition that the petitioner will have to make an online application for citizenship, satisfying the requirements in accordance with law.
3. The learned counsel for the petitioner submits that, no further relief is sought for in the said circumstances with regard to Ext.P15, however adding that the petitioner has already approached the third respondent by filing necessary application for obtaining citizenship in terms of Rule 11 of the Citizenship Rules, receipt of which is acknowledged, as borne by Ext.P20 produced along with I.A.No.10345/2013.
4. In view of the submission made by the learned Central Government counsel that, by virtue of the amendment of the Citizenship Rules, the party has to make necessary application 'online', the learned counsel for the petitioner seeks for return of the application W.P.(C)No.18415/2013 4 forming the subject matter of Ext.P20. In the said circumstances, there will be a direction to the third respondent to return the application and documents to the petitioner forthwith, upon which, she shall make necessary 'online' application before the second respondent seeking for appropriate reliefs. On such event, the same shall be considered by the second respondent and appropriate orders shall be passed in accordance with law, after getting the factual position duly enquired into by the competent authorities. The proceedings as above shall be finalised as expeditiously as possible. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.18415/2013 5