After waiting 38 years, father now 83, finally gets CITIZENSHIP for daughters!

PUTRAJAYA - After 38 long years of waiting, an 83-year old father will get to see his two children receiving Malaysian citizenship as they won their appeal at the Court of Appeal here today.

A three-member panel chaired by Justice Alizatul Khair Osman Khairuddin issued a mandamus order to compel the National Registration Department (NRD) to issue birth certificates, citizenship and Mykad identity cards to R.Thirupathi, 38, and R.Meena, 36.

She said the NRD was under the duty to issue the three documents to the two as they have taken all the appropriate steps in applying for the citizenship.

Justice Alizatul said the High Court erred when it only quashed the Home Ministry secretary-general's order in not approving their applications but did not issue a mandamus order to compel the NRD to issue the documents to them.

"It is a fit and proper case for mandamus to be issued," said Justice Alizatul when allowing the appeal brought M. Ramanoojum and his two children.

The panel, which also comprised Justices Datuk Hamid Sultan Abu Backer and Datuk Abang Iskandar Abang Hashim, also awarded RM10,000 costs to Ramanoojum and his children.

Ramanoojum, a Malaysian citizen, married N.Pushpam, an Indian citizen in India on Sept 13, 1960. Their children Thirupathi and Meena were born in India and remained there. Pushpam later obtained Malaysian citizenship in 1972 and she died on March 28, 2005.

Outside the court, Ramanoojum, who is residing in Melaka Street, Penang said he wanted to see his two children in Malaysia before he dies.

Ramanoojum had filed a judicial review application on Nov 1, 2011, seeking citizenship for his two children as he wanted his children to take care of him after retiring from the police force.

He named the Home Ministry secretary-general, the director-general of NRD and the Government of Malaysia as respondents in his judicial review application. The Home Ministry had rejected their application on grounds that they are Indian citizens and they have not been living in Malaysia.

On Sept 5 last year, the High Court in Kuala Lumpur quashed the Home Ministry's order in not approving their citizenship application but did not allow Ramanoojum's application for a mandamus order to compel NRD to register his children.

Ramanoojum's lawyer M.Manoharan submitted that the government cannot deny them the Malaysian citizenship because they have fulfilled the requirement under Article 14 of the Federal Constitution which states that if the father is a Malaysian citizen, his children who were born outside Malaysia were also considered Malaysian citizens.

Outside the court, Manoharan said even though Thirupathi and Meena are Indian citizens, they want to come to Malaysia and to be in the country with their father. – Bernama