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2009 Supreme(Mad) 163

S.NAGAMUTHU
R. I. Jebaraj – Appellant
Versus
Union of India, rep. by its Secretary, Ministry of Home Affairs & Another – Respondent


Advocates Appeared:
For the Petitioner:V.T. Gopalan Senior counsel, Abudu Kumar Rajaratnam, Advocates. For the Respondents: (R1 & R2) M. Ravindiran, (A.C.G.S.C.).

Judgment :-

The petitioner is a citizen of India residing at Madras. His brother by name Mr.Rajiah John Premkumar was born and brought up in India. Later, he acquired citizenship of France and admittedly, he is no more a citizen of India. He resides in France. He holds French Passport bearing No.03TF 750 95. Most of his relatives and family members reside in India. He has got a valid multiple entry visa dated 011. 2003 issued by Indian High Commission in London, which expired on 011. 2008.

2. Mr.Rajiah John Premkumar came to India by flight No.LH 758 on 19.02.2008. But his landing at Chennai Airport was refused by the second respondent. He was served with an order of the second respondent directing the airport authorities to remove him by the same flight. Accordingly, he was deported to France by the same flight. The petitioner came to know that the first respondent had earlier issued an order restricting the petitioner?s brother?s entry into India without prior permission from the first respondent. However, the said order of the first respondent was not served on the brother of the petitioner.

3. Thereafter, the petitioner filed Crl.O.P.No.6511 of 2008 under Section 482 Cr.P.C.




































































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