Madras High Court
WP/41103/2026 of K.ELAVENI Vs Union of India on 13 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 41103 of 2026
CNR:{HCMA012106382026}
AND
WMP NO. 46129 OF 2026
K.Elaveni
W/o Mr. R. Kannan
Residing at No 648 V Rani Apartments,
Block A Door S1, 4th Main Road,
Ram Nagar South, Madipakkam,
Chennai 6500091
..Petitioner(s)
Vs
1. Union of India
Rep by the Secretary,
Ministry of Home Affairs, Government of
India,
North Block,
New Delhi 110 001
2. Union of India
Rep by the Foreign Regional Registration officer (FRRO)
Bureau of Immigration, Shastri Bhawan,
No 26 Haddows Road, Nungambakkam,
Chennai 600 006
3. Union of India
Rep by the Regional Passport officer,
Regional Passport office, Haddows Raod,
Nungambakkam,
Chennai 600 006
..Respondent(s)
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus Directing the 1st Respondent to accept the manual Form III Citizenship application and process the same for the conferment of Indian Citizenship to the petitioner under section 5(1) (c) of the
Citizenship Act 1955 based on petitioner representation dated 25.06.2026
within a time bound period as stipulated by the Honble Court and forbear the Respondents from taking any coercive action against petitioner till such consideration of the petitioners citizenship application.
For Petitioner(s):
Mr.I.Romeo Roy Alfred
For Respondent(s):
Mr.V.Ashok Kumar, SPC
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ORDER
This Writ Petition has been filed for the following reliefs:- “Directing the 1st Respondent to accept the manual Form III Citizenship application and process the same for the conferment of Indian Citizenship to the petitioner under section 5(1) (c) of the Citizenship Act 1955 based on petitioner representation dated 25.06.2026 within a time bound period as stipulated by the Honble Court and forbear the Respondents from taking any coercive action against petitioner till such consideration of the petitioners citizenship application.”
2. The petitioner would submit that she was born at Chankanai, Jaffna, Sri Lanka, on 15.03.1969 and came to India in 1987 along with her family due to ethnic violence and civil unrest prevailing in Sri Lanka. She arrived in Chennai on 08.01.1987 under an Emergency Certificate issued by the Sri Lankan authorities and a valid visa granted by the High Commission of India at Colombo. Upon her arrival, she was registered with the Chief Immigration Officer, Madras, and issued a Residential Permit, which was subsequently extended up to 30.06.1988.
3. The petitioner would further submit that she married an Indian citizen, Mr. R. Kannan, on 04.06.1988, and their marriage was registered on 06.06.1988 before the Sub-Registrar Office, Srirangam, Tamil Nadu. Since then, she has been continuously residing in India with her husband and their two children, who were born and brought up in India. However, owing to her lack of legal awareness, she failed to renew her Residential Permit after its expiry on 30.06.1988, under the bona fide belief that she had acquired Indian citizenship by virtue of her marriage to an Indian citizen. Acting under the said belief, she had also obtained an Indian passport, which she voluntarily surrendered before the third respondent on 29.09.2025 upon subsequently learning that citizenship was not automatically acquired through marriage.
4. The petitioner would further submit that she submitted a representation dated 14.10.2025 before the second respondent seeking issuance of a Residential Permit and regularisation of her stay in India, which remains pending consideration. Having resided in India for several decades and established her family life here, she seeks to acquire Indian citizenship by registration under Section 5(1)(c) of the Citizenship Act, 1955. However, she is unable to submit her application through the online portal in Form III, as the portal requires a valid foreign passport and a valid Residential Permit or visa, whereas her Sri Lankan Emergency Certificate expired in 1988. In this regard, relying upon Rule 36 of the Citizenship Rules, 2009, she submitted a representation dated 25.06.2026 to the first respondent seeking exemption from the mandatory online document requirements and permission to submit her citizenship application manually. However, the said representation has also not been considered to date. Hence, aggrieved by the inaction of the respondents in considering her representations, the petitioner has approached this Court seeking the reliefs stated supra.
5. Heard the learned counsel on either side.
6. Considering the facts and circumstances of the case and the relief sought for by the petitioner, this Court without going into the merits of the case, directs the 1st respondent to consider and pass appropriate orders on the petitioner's representation 25.06.2026, on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR
P.T.ASHA J. SHR To
1. Union of India Rep by the Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi 110 001
2. Union of India Rep by the Foreign Regional Registration officer (FRRO) Bureau of Immigration, Shastri Bhawan, No 26 Haddows Road, Nungambakkam, Chennai 600 006
3. Union of India Rep by the Regional Passport officer, Regional Passport office, Haddows Raod, Nungambakkam, Chennai 600 006
AND WMP NO. 46129 OF 2026 13-10-2026