2025 Supreme(Online)(Mad) 73082
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
BAHISON R – Appellant
Versus
UNION OF INDIA – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.39970 of 2025 Bahison R. ... Petitioner Vs.
1 Union of India Through the Secretary, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi – 110 001.
2 Bureau of Immigration Regional Office for Tamil Nadu, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006, Tamil Nadu.
3 Ministry of External Affairs South Block, Raisina Hill, New Delhi – 110 011.
4 State of Tamil Nadu Rep. by the Principal Secretary to Government Tamil Nadu State Government, Secretariat, Fort St. George, Rajaji Salai, Chennai – 600 009.
5 District Collector, Chennai District, Office at District Collectorate Office, No.1, Rajaji Salai, Chennai – 600 001.
6 Foreigners Regional Registration Office, No.26, Haddows Road, Shastri Bhawan Annexe Building, Nungambakkam Chennai – 600 006.
7 Superintendent of Police Q Branch, CID, DGP Office Complex, No.7, Kamarajar Road, Mylapore, Chennai – 600 004 Tamil Nadu
8 Inspector of Police Central Crime Branch (CCB- I) Commissioner Office Campus, EVK Sampath Road Vepery Chennai 600007 Tamil Nadu
9 Inspector of Police R-11 Royala Nagar Police Station, No. 3/1A, Next to SRM Dental College, Bharathi Salai, Ramapuram, Chennai – 600 089, Tamil Nadu. ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Prohibition restraining the 1st 3rd and 4th respondents from passing any adverse orders directing and notifying the detention of the petitioner under Section 3 (2)(e) of the Foreigners Act, 1946 (repealed Act No.31 of 1946) - or - Section 3(2)(e) of the newly enacted Immigration and Foreigners Act, 2025 (Act No. 13 of 2025) pending disposal of the petitioner's Application dt.21.07.2025 bearing MHA No. 2025080330 currently on the file of the 5th respondent seeking Citizenship by naturalization under Section 6 of the Citizenship Act, 1955 (Act No.57 of 1955).
For Petitioner : Mr.Sandesh Saravanan For Respondents : Mr.A.Kumaraguru for R1 to R3 & R6 Senior Panel Counsel Mr.M.Suresh Kumar for R4 and R5 Additional Advocate General Assisted by Ms.P.Aishwarya Government Advocate Mr.S.Balaji for R7 to R9 Government Advocate (Crl. Side)
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Prohibition restraining the respondents 1, 3 and 4 from passing any adverse orders directing and notifying the detention of the petitioner under Section 3 (2)(e) of the Foreigners Act, 1946 (repealed Act No.31 of 1946) - or - Section 3(2)(e) of the newly enacted Immigration and Foreigners Act, 2025 (Act No. 13 of 2025) pending disposal of the petitioner's Application dated 21.07.2025 bearing MHA No.2025080330 currently on the file of the fifth respondent seeking Citizenship by naturalization under Section 6 of the Citizenship Act, 1955 (Act No.57 of 1955).
2.The learned counsel appearing for the petitioner submitted that the petitioner is a permanent resident of Tamil Nadu residing in Ramapuram, Chennai and is employed as a Web Developer in a private real estate company. The petitioner's parents are Sri Lankan citizens who fled the country during 1991 and registered themselves at Refugee camp situated at Mandapam, Rameshwaram. The petitioner was born in Tanjore (aka) Thanjavur on 16.09.1991 and was raised as an Indian national and completed his school education and graduation in India. The petitioner also holds various government – issued identity documents like Aadhaar, Voter ID, Ration Card, PAN and Driver's license and the petitioner and his family have been cooperating with local Police and Immigration Authorities.
3.The learned counsel appearing for the petitioner further submitted that the petitioner was issued with passport during the year 2024. Thereafter the petitioner applied for re-issuance of passport so as to include the name of his spouse and was issued with passport incorporating his spouse name, however, after issuance of the sa