IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33605 of 2008(A) -------------------------- PETITIONER: --------------- MANALATH MOHAMED ALI AGED 52 YEARS S/O.SYDUTTY(LATE) KADIKKAD AMSOM, CHERUVAYA DESOM, PUNNAYURKULAM PANCHAYATH PO.ANDATHODE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS: --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS, NEW DELHI 2. SECRETARY, MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA NEW DELHI. 3. ADDITIONAL CHIEF SECRETARY HOME (SSB) DEPARTMENT THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF POLICE THRISSUR. BY ADV. SRI.P.PRABHAKARAN NAIR ADV. SRI.P.J.PHILIP, C.G.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.33605 of 2008 -------------------------- Dated this the 14th November, 2008 J U D G M E N T Petitioner claims to be a citizen of India and according to him, he was born here and continued here for some time before going over to Karachi in Pakistan along with his father and mother in the year 1966. According to him, he returned to his native place in 1985 and thereafter in 1996 and since then he is continuing in his native place. He married and he is living with his second wife and he has two young children. Petitioner concedes that he has a Pakistan passport but submits that passport was applied for without his consent and knowledge. Petitioner has approached the Central Government with a petition under Section 9 (2) of the Citizenship Act asserting that he is a citizen of India and that he has no other citizenship. The Supreme Court in this regard had held on several occasions that an application filed by a person for determination of status under Section 9 (2) of the Citizenship is to be considered W.P ( C) No.33605 of 2008 2 by the competent authority of the Central Government. 2. I heard learned counsel for the petitioner and the learned Central Government Standing Counsel. In the result, the writ petition is disposed of directing the 2nd respondent to conduct an enquiry on Exhibit P1 and take a decision thereon, after hearing the petitioner or his authorized representative within four months from the date of receipt of a copy of this judgment along with copy of writ petition. Petitioner shall not be deported pending orders by the 2nd respondent on Exhibit P1. (V.GIRI,JUDGE) ma W.P ( C) No.33605 of 2008 3 W.P ( C) No.33605 of 2008 4