PAPPAMMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has filed the present writ petition for direction against the Respondents, to give clearance to the Embassy of India, Washington DC to process the application for Visa applied by the Petitioner's son, viz., Muthuvel Chelliah, to visit India in respect of his Passport No. 209088660, for the purpose of seeing the Petitioner, who is his mother, stated to be ailing.

(2.) Admittedly, the Petitioner's son is a permanent resident of United States of America (USA), and stated to have been promoting Tamil and Indian Culture in United States. It is the case of the Petitioner that, on the basis of a remark made by Dr. Subramanyam Swamy, reported in a local newspaper that her son is a Sri Lankan Tamiliyan, however, during 1998, the Petitioner's son had visited Tamil Nadu with his family for five weeks and in2002, her son's 10 year Visa period had expired and he wanted to renew the Visa period to India for another 10years and therefore, he made an application along with United States passport and fees to the United States Embassy in Washington DC. When the Petitioner's son approached the Indian Embassy in Washington DC, he was informed that the Government of India has not given clearance. According to the Petitioner, even though her son is of Indian origin or overseas citizen of India, as a foreigner, carrying a valid Person of Indian Origin (PIO)Card or Overseas Citizen of India (OCI) Card, along with valid National passport, he is authorised to enter into India without obtaining separate visa. Since the Petitioner being the mother, who is living in Nagapattinam, wants to see her son, who is living in United States asits citizen and the Indian Embassy at Washington DC has refused to process the application on the basis that the Government of India has not given clearance, she has approached this Court by filing the present writ petition to process the said application.

(3.) The writ petition is vehemently opposed by the Respondents. Mr. S. Narayasamy, the learned Senior Panel counsel appearing for the Respondents has produced a sealed cover before this Court, when he was asked about the reason for the Government of India in directing the Indian embassy at Washington DC not to process the application of the Petitioner's son, which states to the effect that the Government has issued a warning circular against the Petitioner's son stating that he shall not be permitted to enter into India without specific permission from the Government of India. It is also stated that the Petitioner's son is an American national. The learned Counsel for the Respondents has also stated that the Government of India has issued a black list circular in respect of the Petitioner's son Muthuvel Chelliah, a United States national.