IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 33689 of 2007(I) -------------------------------------- PETITIONER(S): ------------------------ PARAMMAL ABDU RAHIMAN, AGED 81 YEARS S/O. POCKER KUTTY, PARAMMAL HOUSE VARIKKODU, P.O. WEST KODUR, MALAPPURAM DISTRICT KERALA. BY ADV. SRI.ABDUL MAJEED.N SMT.K.M.AMINABEEVI RESPONDENT(S): --------------------------- 1. UNION OF INDIA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS GOVENMENT OF INDIA, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE MALAPPURAM. R1 BY ADV. SRI.DEEPU THANKAN R2 & R3 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33689/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE EXTRACT OF ADMISSION REGISTER ISSUED BY THE HEADMASTER, AMLP SCHOOL, KODUR WEST DATED 07/11/07. P2 COPY OF THE PASSPORT POSSESSED BY THE PETITIONER. P3 COPY OF THE RELEVANT PAGES OF RATION CARD. P4 COPY OF THE ELECTION IDENTITY CARD DATED 28/07/1998. P5 COPY OF THE DISCHARGE SUMMARY CERTIFICATE ISSUED FROM EMS MEMORIAL HOSPITAL AND RESEARCH CENTRE LTD, PERINTHALMANNA. P6 COPY OF THE MEDICAL CERTIFICATE ISSUED FORM K.P.M.HOSPITAL DATED 14/09/98. P7 COPY OF THE MEDICAL REPORT DATED 06/11/07 ISSUED BY DR.T.M.KUTTY. P8 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 9(2) OF THE CITIZENSHIP ACT 1995. P9 COPY OF THE POSTAL RECEIPT DATED 13/11/07. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33689 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 J U D G M E N T The petitioner has filed this writ petition apprehending deportation on the ground that the petitioner is a Malaysian citizen. According to the petitioner, the petitioner is an Indian citizen as evidenced by Exts.P1 to P4. Under the above circumstances the petitioner filed a petition under Section 9 (2) of the Citizenship Act in respect thereof. The petitioner seeks the following reliefs: “(i) call for the records relating to Exhibit P1 to P9 and to issue a writ of mandamus directing the 1st respondent to effectively consider and dispose of Exhibit P8 petition under Section 9(2) of the Citizenship Act after affording an opportunity to the petitioner. (ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd and 3rd respondents not to deport the petitioner to Malaysia till Exhibit P8 petition is disposed off by the 1st respondent.” 2. The learned Assistant Solicitor General points out that, the petition under Section 9 (2) is not in the proper form. 3. I have considered the rival contentions in detail. W.P.(C)No.33689 of 2007 -2- I am of opinion that, now that a petition under Section 9 (2) of the Citizenship Act has been filed, it is only appropriate that the 1st respondent considers the same and passes orders. If the same is not in the proper form, the 1st respondent shall intimate the same to the petitioner directing him to file one in the appropriate form. The said communication shall be issued within one week from the date of receipt of a copy of this judgment. The petitioner shall file a proper petition within another two weeks from the date of receipt of the said communication. On receipt of a petition in the proper form under Section 9 (2) as above, the 1st respondent shall consider and pass orders thereon within two months therefrom. Till orders are passed as directed above, the interim order dated 10.01.2008 passed in this case would continue to be in force. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/