NEYATITUS Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) <IMG>JUDGEMENT_98_LAWS(MAD)4_2023_1.jpg</IMG> In the case of P.Ulaganathan and Others Vs. The Government of India and Others in W.P.(MD)No.5253 of 2009, I had also made a similar comparison. I referred to the mythological character "Thirisangu". A refugee is neither here nor there. His fate hangs in the balance. He is at some point above ground level in the air in a supportless state (Kriyavin tarkalat tamil akarati). That's the literal meaning of the title of the novel.

(2.) Let us come to the case facts. Sahayanathan is a Srilankan refugee. He came to India in the year 1990. He was put in Sennalakudi Refugee Camp, Nattarasankottai, Sivagangai Taluk. A refugee is also a human-being. He can fall in love. Sahayanathan came in contact with Patchaiammal. She is an Indian citizen. They got married. It was not an inter-religious marriage. Inter-faith love does not necessarily culminate in inter-religious civil marriage. "Patchiammal" got converted and became Mary Christina. Their marriage was solemnized by the parish priest, Alangara Annai Cathedral, Sivagangai on 23/5/2001. The petitioner was born on 18/1/2002. He studied in S RM Higher Secondary School, Nattarasankottai and passed out in March, 2017. He studied B.Com. in Raja Doraisingam Government Arts College, Sivagangai. All that he now wants is issuance of passport so that he can explore employment opportunities abroad. He submitted an application dtd. 28/10/2022 before the respondent. Since in the birth certificate, the petitioner was mentioned as Srilankan refugee, the impugned notice dtd. 6/1/2023 was issued calling upon the petitioner to furnish proper explanation. The petitioner submitted his explanation on 17/1/2023. Apprehending that his application may not be favourably considered, the present writ petition came to be filed.

(3.) The apprehension of the petitioner is well-founded. I have described the plight of Srilankan refugees in getting citizenship in Ulaganathan case. One Nalini was born to Srilankan refugees on 21/4/1986 at Mandapam Camp. As per the provisions of Indian Citizenship Act, she is an Indian by birth. She was entitled to passport as a matter of right. Yet she had to move this Court for relief. Vide order dtd. 12/8/2022 in W.P.(MD)No.3512 of 2022, I held as follows:-