IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 16805 of 2010(A) -------------------------- PETITIONER(S): --------------- KUNHIPATHU @ FATHIMA,W/O.HASSAN @ HASSANKUTTY KAITHERIVEETTIL, "PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST.KATHIRUR,KANNUR DISTRICT, KERALA STATE. BY ADV. MR.S.ABDUL SALAM MR.ANEESH CHIDAMBARAN RESPONDENT(S): ------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KADIRUR, POLICE STATION,KANNUR DISTRICT. MR.T.P.M.IBRAHIMKHAN – ASST.SOL.GEN. MR.P.NARAYANAN – GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.16805 OF 2010 ------------------------------- Dated this the 17th day of JUNE, 2010 J U D G M E N T The petitioner claims to have been born in India to Indian parents in the year 1948. Her parents were Indian citizens. She happened to migrate to Pakistan and to obtain Pakistani citizenship. The petitioner has now come back to Kannur. She claims that she is residing at Kannur for the past two years. The petitioner contends that she is qualified for registration as an Indian Citizen under Section 5(1)(f) of the Citizenship Act. In respect of the same, the petitioner has filed Ext.P3 petition under Section 5(1)(f) of the Citizenship Act. The petitioner's grievance in this writ petition is that without passing orders on Ext.P3, steps are being initiated for arresting and deporting the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(a)to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to abstain from arresting the petitioner and detaining them in Civil Prison and also from deporting them to Pakistan W.P.(c)No.16805/10 2 under the Foreigner's Act; (b) to issue a writ of certiorari or other appropriate writ, direction or order calling for the records relating to the proceedings of the respondents for arrest and deportation of the petitioner pursuance to the Ext-P4 order No.D3(b) Pak 16/2008 dated 10-5-2010 passed by the second respondent and quashing the same; (c) to issue a writ of mandamus or other appropriate writ, direction or order directing the first respondent to consider and dispose of Ext.P3 application dt 25-5- 2010 on merits and to maintain status quo till its disposal (d) to award the cost of this petition to the petitioner” 2. I have heard the learned Assistant Solicitor General appearing for the first respondent and the learned Government Pleader appearing for respondents 2 and 3. The learned Asst. Solicitor General submits that despite calling for instructions, he is yet to receive instructions from the first respondent. In the nature of the order I propose to pass, I do not think it necessary to await instructions from the first respondent in the matter. Having heard the matter, I dispose of this writ petition with a direction to the first respondent to consider and pass orders on Ext.P3 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P3, the petitioner shall not be deported. However, respondents 2 and 3 shall closely monitor the movements of the petitioner and W.P.(c)No.16805/10 3 shall arrest and detain the petitioner, if any suspicious movements are detected. The petitioner shall appear before the third respondent once every week. S. SIRI JAGAN, JUDGE acd W.P.(c)No.16805/10 4