Allowed

Haji Odakkal Kunhi Mohammed v. S.I.of Police, Karuvarankundu

Kerala HC8 Jul 2013WP(C)/23055/2004

Case brief

AI extract

What is this about?

Writ petition by an elderly Indian citizen facing deportation due to expired visa. Court permitted him to stay and directed authorities to determine citizenship status pending. Petitioner granted interim relief from repatriation.

What did the court decide?

Petitioner permitted to live in India; deportation prohibited pending finalization of citizenship application.

Haji Odakkal Kunhi Mohammed Vs S.I.of… — Constitutional and Fundamental Rights | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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MONDAY, THE 8TH DAY OF JULY 2013/17TH ASHADHA, 1935

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WP(C).No. 23055 of 2004 (T)

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PETITIONER :

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HAJI ODAKKAL KUNHI MOHAMMED @ KUNHI MOHAMMED, S/O. LATE MOHAMMED, ODAKKAL HOUSE, K.PURAM P.O., MALAPPURAM DISTRICT.

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BY SRI.N.N.SUGUNAPALAN,SENIOR ADVOCATE ADV.SRI.S.SUJIN

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RESPONDENT(S):

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*** 1. SUB INSPECTOR OF POLICE, KARUVARAKUNDU, MALAPPURAM DISTRICT.**

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*SUB INSPECTOR OF POLICE,TANUR, MALAPPURAM DISTRICT.

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*CORRECTION MADE AS PER ORDER DATED 11/8/04 IN IA.NO.10746/2004

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2. SUPERINTENDENT OF POLICE, MALAPPURAM.

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3. SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI.

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R1 & R2 BY GOVERNMENT PLEADER SMT. MAYA R3 BY ADV. SRI. P.PARAMESWARAN NAIR, ASG

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.23055/2004

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE APPLICATION DATED 15/5/2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

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P2 COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIVED FROM THE RESPONDENTS DATED 19/5/04 & 22/5/04

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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W.P.(C)No.23055 OF 2004

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8^th day of July, 2013

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JUDGMENT

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This writ petition was filed by the petitioner seeking for a direction to the respondents to permit the petitioner to continue to live in his native place in India even after the expiry of visa and also directing the third respondent to take a decision on Ext.P1 application submitted by the petitioner under Section 9(2) of the Indian Citizenship Act.

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Petitioner was born and brought up in India at Malappuram district in Kerala. His family including wife and children and other relatives are all in India. Petitioner is aged 70 years and he is a cardiac patient. He has nobody in Karachi to look after him. His family members and relatives are all in Malappuram district. Since the petitioner was an Indian citizen, he is entitled to continue to live in India and the Pakistani passport was taken by him under compelling circumstances. Petitioner has made Ext.P1 application under Section 9(2) of the Indian Citizenship Act before the Government of India to determine his status of citizenship and to permit him to continue in India. The application is still pending and no action has been taken so far. In the meanwhile, the visa of the petitioner has expired and the State Police is compelling him to go back to Pakistan

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W.P.(C)No.23055 OF 2004

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:: 2 ::

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on expiry of visa. It is under these circumstances that the pettioner approached this Court seeking appropriate directions to the respondents to take a decision on Ext.P1 and permit him to continue to live in India for a longer period.

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Heard learned counsel for the parties and perused the materials available on record.

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Writ petition was filed in the year 2004 and at that time age of the petitioner was 70. More than 9 years have passed in the meantime. The age of the petitioner must be around 80 which is not disputed by the learned counsel for the respondents by filing any counter affidavit.

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Considering the entire facts and circumstances of the case, I permit the petitioner to live in India and he shall not be deported to Pakistan till the finalisation of Ext.P1 proceedings pending before the appropriate authorities.

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Writ petition is disposed of.

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B.P.RAY, JUDGE

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jes

Haji Odakkal Kunhi Mohammed v. S.I.of Police, Karuvarankundu

Case brief

What is this about?

What did the court decide?

Haji Odakkal Kunhi Mohammed v. S.I.of Police, Karuvarankundu

Case brief

What is this about?

What did the court decide?

What the court decided

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