IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 20208 of 2010(A) -------------------------- PETITIONER(S): ------------------- SADIA MAHAROOF ALIAS SADIA MAROOF, D/O.MAHAROOF, NOW RESIDING AT PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST.KATHIRUR, KANNUR DISTRICT, KERALA STATE. BY ADVS. 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. ADV.MR. T.P.M. IBRAHIM KHAN – ASST. SOL.GENERAL ADV.M.R P.N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.20208 OF 2010 ------------------------------- Dated this the 29th day of JUNE, 2010 J U D G M E N T The petitioner is a Pakistani citizen. She holds a Pakistan passport. She claims that she was born to Indian parents and she is entitled to get registration as an Indian citizen by virtue of Section 5(1)(f) of the Citizenship Act, 1955. Claiming that relief, the petitioner has filed Ext.P2 petition before the first respondent. The petitioner apprehends deportation in the meanwhile in view of Exts.P1 and P3. The petitioner, therefore, seeks 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 her in Civil Prison and also from deporting them to Pakistan under the Foreigner's Act; (b)to issue a writ of certiorari or other appropriate writ, direction or oder calling for the records relating to the proceedings of the respondents for arrest and deportation of the petitioner pursuant to the Ext-P3 order No.D3(b) Pak.10/2008, dated 15-5-2010 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.P2 application dt 31-05-2010 on merits and to maintain status quo till its disposal” W.P.(c)No.20208/10 2 2. I have heard the learned Assistant Solicitor General also. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The first respondent shall consider and pass orders on Ext.P2 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Considering the seriousness of the matter, the first respondent shall try to dispose of Ext.P2 even earlier than the time limit fixed. Pending passing of the final orders on Ext.P2, the third respondent shall constantly monitor the movements of the petitioner and arrest and detain the petitioner, if any suspicious movements are detected. The petitioner shall appear before the third respondent once in every week. S. SIRI JAGAN, JUDGE acd W.P.(c)No.20208/10 3 W.P.(c)No.20208/10 4