PUTHALATH AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner seeking for a direction to the 1st respondent to pass orders on Exhibit P3 application filed under Section 5(1) (c) of the Foreigners Act by granting the petitioner long term stay facilities in India.

(2.) THE petitioner is apprehending deportation in the light of the non-finalisation of his application. In fact the petitioner is now involved as an accused in C.C.No.474/2007 pending before the Additional Chief Judicial Magistrate Court, Thalassery wherein he is charged for the offence of illegal overstay in his native place under the relevant provisions of the Passport Act.

(3.) EXHIBIT P3 is the copy of the application submitted in Form B before the Registering Authority. Thereafter the petitioner filed W.P.(C)No.25102/03 before this Court seeking for a direction to the District Collector and to the Superintendent of Police, Kannur to forward the application to the Government of India. Exhibit P4 is the judgment in the said Writ Petition. The petitioner has been staying in Panoor in the light of the direction issued in Exhibits P2 and P4 judgments. Exhibit P5 is the communication relied upon by the petitioner, which is forwarded from the Additional Chief Secretary to the State Government to the Secretary to Government of India. Thereafter the petitioner was served with a notice Exhibit P6 directing him to be present before the District Collector on 7.7.2010 at 10 a.m. with an independent witness along with identity proof((Election ID Card) for signing the declaration and oath of allegiance in the application for registration as Indian citizen. It is also submitted that the same has also been forwarded. Finally, the petitioner has filed Exhibit P8 representation.