Disposed

Latef Bin Abdul Jamil v. the Regional Registration Officer

Kerala HC10 Oct 2013WP(C)/23331/2013

Case brief

AI extract

What is this about?

This writ petition for registration under the Foreigners Rules was disposed of by directing the petitioner to approach the Regional Foreigners Registration Officer with a Visa, original documents, and a specific Home Department order within two weeks to seek issuance of the certificate.

What did the court decide?

Petitioner set at liberty to approach the First Respondent with requisite documents including Visa and communication within two weeks for expeditious consideration and order.

Latef Bin Abdul Jamil Vs the Regional… — Constitutional and Fundamental Rights | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 10TH DAY OF OCTOBER 2013/18TH ASWINA, 1935

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WP(C).NO. 23331 OF 2013 (N)

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PETITIONER(S):

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LATEF BIN ABDUL JAMIL S/O. ABDUL JAMIL, AGED 28 YEARS RESIDING AT KA 1 -1 TAMAN FREE SCHOOL 10460 PULAU PINANG, MALAYSIA

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENT(S):

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*** 1. (THE REGIONAL REGISTRATION OFFICER,)(CORRECTED)**

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BUREAU OF IMMIGRATION, (MINISTRY OF HOME AFFAIRS), GOVERNMENT OF INDIA, HOUSE NO.20/1305, 'CASTLE VIEW', OPPOSITE BSNL OFFICE, PANNIYANKARA, KOZHIKODE REPRESENTD BY THE ASSISTANT SOLICITOR GENERAL OF INDIA HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. THE SUPERINTENDENT OF POLICE, (RURAL) VATAKARA (THE REGISTRATION OFFICER UNDER THE REGISTRATION OF FOREIGNERS RULES 1992 673 101.

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3. THE HOME SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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4. THE UNION OF INDIA DEPARTMENT OF HOME AFFAIRS, (FOREIGNERS DIVISION) NORTH BLOCK, NEW DELHI -110 001 REPRESENTED BY THE ASSISTANT SOLICITOR GENERAL OF INDIA HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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**ADDL.R5. IMPLEADED:

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ADDL.R5:THE DISTRICT POLICE CHIEF, KOZHIKODE

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***(CORRECTED AS THE REGIONAL FOREIGNERS REGISTRATION OFFICER, BUREAU OF IMMIGRATION AS PER ORDER DT.9/10/13 IN I.A.NO.12920/13)**

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**** (ADDL.R5. IMPLEADED AS PER ORDER DT.9/10/13 IN I.A.NO.13353/13)**

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R1-R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-102013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MNS

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WP(C).NO. 23331 OF 2013 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT-P1-TRUE COPY OF THE VISA ISSUED TO THE PETITIONER BY THE REPUBLIC OF INDIA.

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EXHIBIT-P2-TRUE COPY OF THE BOARDING PASS ISSUED TO THE PETITIONER FROM THE CHENNAI AIRPORT ON 10/03/2013 ON FLIGHT NO. AK 1258.

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EXHIBIT-P3-TRUE COPY OF THE ONWARD BOARDING PASS ISSUED WITH RESPECT TO FLIGHT NO. AK 6110.

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EXHIBIT-P4-TRUE PHOTOSTAT COPY OF THE EMIGRATION SEAL PUT IN CHENNAI AIRPORT DATED 10/03/2013.

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EXHIBIT-P5-TRUE COPY OF THE ARREST MEMO PREPARED BY THE SUB INSPECTOR OF POLICE, KOYILANDY.

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EXHIBIT-P6-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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EXHIBIT-P7-TRUE COPY OF THE JUDGMENT DATED 30/04/2013 IN W.P(C) 11631/2013 PASSED BY THIS HONOURABLE COURT.

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ADDITIONAL EXHIBIT-P8-TRUE COPY OF THE COMMUNICATION ISSUED BY THE HOME DEPARTMENT, UNION OF INDIA

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RESPONDENT(S)' EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

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P.R. RAMACHANDRA MENON, J.

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W.P.(C)No. 23331 OF 2013

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......................................................................... Dated this the 10^th October, 2013

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J U D G M E N T

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The petitioner has approached this Court with the following

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prayers:

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i) to issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to issue a Certificate of Registration to the petitioner in terms of Rules 6 and 7 of the Registration of Foreigners Rules 1992; or in the alternative

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to issue a writ of mandamus or any other appropriate writ order or direction commanding the `1st respondent to consider Exhibit P6 application submitted by the petitioner in an expeditious manner. ii) any other reliefs

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A statement has been filed on behalf of the respondents

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1 and 4, stating that the petitioner had not approached the first respondent as on the date of statement, i.e. 01.10.2013 for granting registration. It is stated that as per the relevant rules, Passport is essential for registration of foreigners and that if the petitioner approaches the first respondent with the requisite

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W.P.(C)No. 23331 OF 2013 2

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documents, his application would be considered. Today, when the matter is taken up for consideration, the learned Central Government Counsel reiterates that if the petitioner approaches the first respondent by filing necessary application along with the original VISA and Ext.P8 order dated 20.08.2013 issued by the Ministry of Home Affairs-Foreigners Division (which is produced along with I.A.No13352 of 2013) , grievance of the petitioner will be considered and necessary steps will be taken to pass appropriate orders.

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The learned Government Pleader appearing for the respondents 2, 3 and 5 submits that the petitioner had approached this Court earlier by filing W.P(C)No.11631 of 2013, leading to Ext.P7 judgment, whereby a direction came to be issued to a wrong authority/officer because of the mistake committed by the petitioner, which made the State to file R.P.No.782 of 2013. It is pointed out that, alleging wilful disobedience, the petitioner has already filed COC No. 804 of 2013.

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The learned Counsel for the petitioner submits that the

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W.P.(C)No. 23331 OF 2013

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petitioner does not intend to proceed with any further steps in COC. 804 of 2013 and that necessary submission/proceedings will be made before the appropriate Court, where the matter is pending . The said submission is recorded. The petitioner is set at liberty to approach the first respondent with all the requisite documents, as mentioned above, at the earliest, at any rate, within two weeks from the date of receipt of a copy of the judgment, upon which the same shall be considered and appropriate orders shall be passed by the first respondent in accordance with law, as expeditiously as possible.

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The writ petition is disposed of.

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P.R.RAMACHANDRA MENON JUDGE

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Latef Bin Abdul Jamil v. the Regional Registration Officer

Case brief

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Latef Bin Abdul Jamil v. the Regional Registration Officer

Case brief

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