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2023 Supreme(Online)(Mad) 58634

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, J
Sahayanathan – Appellant
Versus
The Regional Passport Officer – Respondent


Advocates:
For the Appellants/Petitioners: Mr.I.Romeo Roy Alfred
For the Respondents: Mr.D.Saravanan, Central Govt. Standing Counsel

Table of Content
1. background information of the petitioner and context. (Para 1 , 2)
2. refugees' rights and citizenship issues in india. (Para 3 , 4 , 5 , 6)
3. assessment of the validity of the birth certificate. (Para 7 , 9)
4. importance of nationality and non-refoulement principles. (Para 8)
5. court's directive to issue passport. (Para 10)

ORDER

“ 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 in

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