The court emphasized the necessity for the petitioner to adhere to legal procedures for citizenship application and exit from India, granting an extension to facilitate compliance.

ORDER :

1. This Writ Petition is filed to issue a Writ of Mandamus directing the second respondent to consider the application of the petitioner in MHA File No.2024020434, dated 24.10.2024 seeking citizenship as per the Acts and Rules and to forbear the first respondent in any manner resorting to coercive action awaiting the outcome therein.

2. The case of the petitioner is that the petitioner was born in Malaysia on 26.06.1968. When the petitioner's father, who is an Indian citizen, was employed in Malaysian Embassy of the Indian Government. It is stated that both the parents of the petitioner are Indians and they have their roots in Devakottai. Accordingly, even though the petitioner held Malaysian Passport, she had her school and college education only in India. She got married to an Indian and continuously she was living only in India. Her son is also an Indian citizen. The petitioner was also issued with a P.I.O Card (Person of Indian Origin Card). When the petitioner's husband died in harness while in service, the petitioner was also offered compassionate appointment which she took. Subsequently, only on petition by third parties, the entire issue is now raked up and the petitioner is now considered to be a Malaysian citizen and even the petitioner has problem with her employment, for the same, a separate Writ Petition was filed and the said Writ Petition is also disposed with a further direction to attend the enquiry. The petitioner had even applied for Indian citizenship. Halfway through the enquiry in the said application, her O.C.I card (Overseas Citizenship of India card) itself stands cancelled and on top of it, pending the Writ Petition, now, the petitioner is given an exit notice requesting her to exit the country on or before 04.03.2025 i.e., today. It is under these circumstances, this Writ Petition is taken up for hearing and is heard by this Court.

3. The learned Counsel for the first respondent, on instructions, would submit that the petitioner took an O.C.I card by giving erroneous information in the Police verification and accordingly, the same is cancelled. It is not disputed that the petitioner's parents are Indian citizens or that she will be entitled for an O.C.I card, but, she did not apply by following proper procedure by giving appropriate information. Further, it is stated that the citizenship application of the petitioner cannot be considered as on today because her stay, as on today, in India is not legal. The petitioner has to exit India in the manner known to law and thereafter, apply visa for India and thereafter, if she applies, the said application can be considered in accordance with law. As on date, her prayer to consider her application for citizenship can no longer be considered because the petitioner's Malaysian passport has also expired, and her visa has since been expired and she is overstaying and as on date, her stay in India is not legal. Therefore, she is rightly asked to leave the country on or before 04.03.2025.

4. In reply, the learned Counsel for the petitioner would submit that it is true that the petitioner's passport has since been expired. However, she has applied to the Malaysian authorities to renew her passport and also to grant such permission by way of a temporary order to exit India. The same is awaited. Only if the said temporary order to exit India, in the form of a temporary passport or such appropriate order, is issued by the Malaysian authorities, she can produce the same before the Indian authorities to get an exit order and exit India. Inspite of her best efforts, she is unable to get such order from the Malaysian authorities and she, therefore, seeks further 45 days time to get the same from the Malaysian authorities. It is submitted by the learned Counsel that once such order/temporary passport/permission is granted by the Malaysian authorities, she will apply with the Indian Embassy for an exit permission and she will exit India and thereafter, she will get her