Madras High Court Directs Consideration Of Emergency Visa For Sri Lankan National To Aid Ailing Mother, Flags Disproportionate Blacklisting

The Madras High Court has ordered the Indian High Commission in Colombo to consider granting emergency visa to a Sri Lankan national to come to India to aid his ailing mother. Justice M Dhandapani noted that there were no adverse materials against the person, and in such circumstances, his continued blacklisting would be disproportionate. The court also noted that the mother was a senior citizen who was in need of immediate care. Thus, citing humanitarian grounds, the court was inclined to grant him limited relief. “In the absence of any such adverse material, the continued blacklisting of the petitioner's son, particularly in the facts and circumstances of the present case, appears to be disproportionate. This is more so considering the humanitarian grounds projected by the petitioner, who is a senior citizen aged 72 years and she is now in the stage of bedridden and in need of immediate care and assistance from her son,” the court said. The court was hearing a petition filed by the septuagenarian mother seeking a direction to the Ministry of Home Affairs, the Chief Immigration Officer/FRRO, and the Commissioner of Rehabilitation and Welfare of Non-Resident Tamils to remove the blacklisting imposed against her son. She also sought to grant him an emergency visa to enter India and take care of her. The petitioner mother, Agambal Meiyappan, submitted that she is a Sri Lankan Tamil refugee residing in Tamil Nadu for decades and was granted Overseas Citizen of India (OCI) status. She further informed the court that her son, though a Sri Lankan national by birth, had resided in India during 1987 and an Indian passport was obtained in his name, based on a declaration made by his father. Later, however, the son's name was blacklisted on account of overstaying. When this came to light, the son voluntarily surrendered the passport before the Passport Office at Tiruchirappalli, and Rs 1,34,875 was collected from him as a penalty. The son was allowed to exit India on April 27, 2018. However, his name was placed under blacklist categories “B” and “C3”, because of which he was denied entry to India. It was submitted that the son had no role in the alleged irregularity, as the passport was obtained when he was a minor. It was submitted that he had no criminal case registered by any law-enforcing agency against him during his entire period of stay in India, and thus, the continued blacklisting was arbitrary and disproportionate. It was further submitted that the mother was currently bedridden and was suffering from severe ailments and was in a critical condition. It was submitted that the son's presence was both medically and emotionally necessary. The court noted that there were no criminal proceedings against the son or any adverse report from law enforcement agencies warranting permanent denial of entry. Thus, noting the absence of any adverse material, the court was inclined to grant a limited relief on humanitarian grounds, without expressing any opinion on the merits of blacklisting. The court thus directed the son to submit an application for the grant of an emergency visa before the High Commission of India, Colombo, Sri Lanka. The court directed the High Commission to coordinate with the Ministry and consider the application for granting an emergency visa and pass appropriate orders within two weeks. The court added that while considering the application, the authorities shall also consider the request for removing the blacklisting on certain conditions. Counsel for Petitioner: Mr. K. Venkatesan Counsel for Respondents: Mr. Venkatasamy Babu Senior Panel Counsel Case Title: Agambal Meiyappan v The Joint Secretary (Foreigners Division) Citation: 2026 LiveLaw (Mad) 198 Case NO: W.P.No.11432 of 2026Click Here To Read/Download The Judgment

Madras High Court Directs Consideration Of Emergency Visa For Sri Lankan National To Aid Ailing Mother, Flags Disproportionate Blacklisting

Upasana Sajeev

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