IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 36738 of 2008(W) -------------------------- PETITIONER(S): --------------- CHOLAPURATH VIGNESH, S/O. DR. GOKULAN, AYUSH, CHEVARAMBALAM, CHEVAYUR P.O., KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. SECRETARY TO GOVERNMENT, FOREIGN AFFAIRS GOVERNMENT OF INDIA, NEW DELHI. 3. THE PRINCIPAL, MES MEDICAL COLLEGE, PERINTHALMANNA,ANGADIPURAM, PLACHODU P.O., MALAPPURAM DIST. 4. SUPERINTENDENT OF POLICE, MALAPPURAM. 5. THE PRINCIPAL SECRETARY TO HOME AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. SECRETARY TO HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 & 6 GOVT.PLEADER SMT.SUDHAMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36738 of 2008 ================== Dated this the 19th day of December, 2008 J U D G M E N T The petitioner was born in Ireland to Indian parents. When the parents returned to India for good, he also came along with them and he is undergoing studies in a college in Kerala. Now the petitioner has been directed to leave India on the ground that he does not possess a student Visa as provided under law. The petitioner submits that he has already applied for Indian citizenship as per Section 5(1)(f) of the Citizenship Act. The petitioner's contention is that it is unjust to deport the petitioner before passing orders on his application for citizenship. The petitioner, therefore, seeks the following reliefs: “a) Issue a writ of certiorari or any other appropriate writ order or direction, calling for the records leading to Ext.P7 and to quash the original of the same. b) writ of mandamus or any appropriate writ order or direction, calling for the records leading to Ext.P8 and to quash the original of the same. c) Writ of mandamus commanding the 1st Respondent to take immediate action on Ext.P9 application filed by the Petitioner on 9.12.08 in accordance with law, for getting the Petitioner's citizenship registered as per Section 5(1)(f) of the citizenship Act and the 6th Respondent to register of the Petitioner's citizenship in India.” w.p.c.36738/08 2 2. I have heard the learned Assistant Solicitor General, who opposes the prayers. According to the Assistant Solicitor General, the petitioner came to India in 1999 and he could have filed an application for citizenship at that time itself, which he has not done. 3. Whatever that be, since the petitioner has now submitted an application for citizenship, it is appropriate that the authority concerned considers the petitioner's application for citizenship expeditiously. Accordingly, I dispose of this writ petition with the following directions: The 1st respondent shall forward the application submitted by the petitioner for citizenship to the Government of India within one month from the date of receipt of a certified copy of this judgment. On receipt of the same, the 6th respondent shall consider the application for citizenship of the petitioner and pass appropriate orders thereon as expeditiously as possible, as provided under law. Till orders are thus passed, the petitioner shall not be deported from India. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.36738/08 3