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2022 Supreme(Online)(KER) 39140

HIGH COURT OF KERALA
N. NAGARESH, J
LANCE JOSEPH, – Appellant
Versus
THE UNION OF INDIA – Respondent


J U D G M E N T

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The petitioner seeks to quash Exts.P8 and P12 and to direct respondents 3 to 8 to issue further orders ratifying and legalising the stay of the petitioner in India since 1996, based on Exts.P14 and P14(a). The petitioner further seeks to declare that he is an Indian Citizen and seeks to direct respondents 3, 4 and 8 to issue OCI Card to the petitioner as soon as possible.

2. The petitioner is aged 25 years and holds MBBS Degree. The parents of the petitioner were working in Canada. The petitioner was born in Canada on 18.08.1996. Soon thereafter, within three months, the petitioner's mother and the petitioner came back to India. The petitioner is residing in India since then along with his family. The petitioner states that he is an Indian citizen by all means. He has stayed in Canada only for 40 to 60 days.

3. The petitioner had his entire education in Kerala.

The petitioner was issued Aadhaar card. His name was included in the ration card also. The petitioner’s parents are Indian citizens by birth and they continue to be so even now. After the petitioner's arrival in India immediately after his birth, the petitioner has not visited Canada till 2019.

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