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2022 Supreme(Online)(KER) 63504

HIGH COURT OF KERALA
P.SOMARAJAN, J
UNION GOVERNMENT OF INDIA – Appellant
Versus
MARY T.L. MORAISE – Respondent


Advocates:
SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR, SRI.CYRIAC KURIAN CGSC, SRI.K.SHRI HARI RAO CGC2) THE PORT REGISTRATION OFFICER

JUDGMENT

The dispute is pertaining to unilateral cancellation of a multiple entry visa granted by the Central Government to the plaintiff, a Malaysian citizen, by the Civil Officer at International Airport, Thiruvananthapuram. According to the plaintiff, she was having a multiple entry Visa granted by the Central Government and as such, the unilateral cancellation by the Officer at Thiruvananthapuram Airport is illegal and she is entitled to compensation at the tune of Rs.3 lakhs. The trial court granted a decree for recovery of an amount of Rs.1,80,000/- with interest, against which the Central Government and the Officers thereunder, who are the defendants, came up in appeal.

2. The entry of a foreign citizen within the territory of India and issuance of Visa/emigration as against a foreign citizen is governed by the Foreigners Act, 1946 . Section 17 of the said Act alone was repealed by the Repealing and Amendment Act of 1950 (35 of 1950) with effect from 19/04/1950. Section 15 of the gives protection to person acting under this Act from any suit, prosecution or any other legal proceedings. It is in exercise of powers conferred by Section 3 of and in supersession of the Foreign

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