P RAMANATHAN Vs. COMMISSIONER OF POLICE MADURAI

JUDGEMENT

(1.) INITIALLY, the petitioner has sought for a writ of certiorari to quash the communication, dated 20.6.2001, of the Commissioner of Police, Madurai City, instructing the writ petitioner to appear in person, with confirmed Air Ticket to leave India immediately, failing which, a warning was issued that he would be prosecuted under the Foreigners Act. The instructions has proceeded on the basis that the petitioner is a Srilankan Citizen. It is stated that during the pendency of the writ petition, the respondents have furnished him with a copy of an order, dated 31.5.2001 of the Government of India, Ministry of Hone Affairs, New Delhi, directing the State Government to deport the petitioner back to Srilanka or he may be advised to leave India, within 15 days from the date of the above said letter. Contending inter alia that the order of the Government of India is in violation of Article 5(c) of the Constitution of India and the principles of natural justice, the petitioner has prayed for an amendment to the prayer in the writ petition, challenging deportation. This Court, by order, dated 7/12/2009, allowed the amendment petition in M.P. No. 901 of 2009.

(2.) ACCORDING to the petitioner, his parents, Palanisamy Chetty and Alamedu Animal, emigrated to India from Srilanka in 1942 and settled down in Madurai. The petitioner was born on 28/10/1994 at Madurai and his birth was duly registered in Madurai Municipality. Therefore, by birth, he is an Indian citizen in terms of Article 5 of the Constitution of India. His father died on 14.3.1947 at Erskin Hospital, Madurai, leaving his mother, sister and the petitioner. The petitioner has further contended that he did his schooling in Sowrashtra Secondary School, Madurai, and thereafter, he completed his pre-University course in American College, Madurai. Having domiciled in India since 1942 for more than five years prior to the commencement of the Constitution of India, his parents had become citizens of India, in terms of Article 5 of the Constitution of India. They have also set up a textile business under the name and style of "Palanisamy and Company", at Door No. 2, Jedmuni Koil Street, Madurai. His father had also purchased a house at Door No. 50, Roodal Azhagar Perumal Roil Street, Madurai, on 27.10.1945 and all of them were living together in the said house.

(3.) REFERRING to the Death extract, dated 1.5.1947, issued by the Health Officer, Madurai Municipality, evidencing the death of his father on 14.3.1947, in Erskin Hospital, Madurai Town, Madurai, (2) order of the learned First Additional Sessions Judge, in O.P. No. 30 of 1948, for issuance of succession certificate to the legal heirs of his father, late A.T.Palanisamy, (3) Voters list, dated 1.1.1973 issued by the Madurai Municipal Corporation, evidencing petitioner's right to franchise and also the place of residence, (4) Transfer Certificate, dated 4.6.1973, issued by the Principal, American College of Madurai, (S) Voters lists, dated 30/10/1975, 26/12/1977, 15/1/1988 and 4/10/1994, (6) Birth Extract, dated 16/8/1988, evidencing the date of birth of the petitioner on 28.10.1946 at Door No. 50, Perumal Kovil Street, Madurai, and registration of birth on 4/11/1946 in Madurai Corporation, (7) Inclusion of the petitioner's name in the family ration card of the year 1988, issued by the Civil Supplies and Consumer Protection Department (1998-2003) and (8) Voter's Identity Card issued by the Election Commission, dated 18.2.1998, Mr. A.U. Ilango, learned counsel for the petitioner submitted that all the above documents would support the case of the petitioner that at the time of commencement of the Constitution of India, he was born and brought up in India, recognised as a citizen and exercised all the rights guaranteed to a citizen of India.