Petitioner sought directions to execute an Oman Civil Court verdict. The petitioner sought permission to withdraw the writ petition, with liberty to approach the Non-Resident Indian Commission. The court granted permission.
WP(C).No.11559 of 2019 dismissed as withdrawn with liberty to approach the Non-Resident Indian Commission. Questions left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941
WP(C).No.11559 of 2019
PETITIONER/S:
SUGATHAN GOPALAN, AGED 64 YEARS, S/O GOPALAN, SANAMAM HOUSE, KOTTA P.O., PATHANAMTHITTD DISTRICT, PIN-689 504.
BY ADVS.
SRI.V.SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
RESPONDENT/S:
1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, DEPARTMENT OF OVERSEAS INDIAN AFFAIRS, SOUTH BLOCK, NEW DELHI, PIN-110 001.
2 INDIAN AMBASSADOR TO SULTANATE OF OMAN, INDIAN EMBASSY, JAMI AT AL-DOWAL AL-ARABIYA STREET, DIPLOMATIC AREA, AL KHUWAIR, P.O. BOX 1727, PC.112 MUSCAT, OMAN. [email protected]
3 GOVT OF SULTANATE OF OMAN, REPRESENTED BY THE EMBASSY OF SULTANATE OF OMAN, EP1O AND 11, CHANDRA GUPT MARG, CHANAKYA PURI, NEW DELHI, PIN-110021. EMAIL. [email protected]
R1 TO R3 BY ADV. SRI.K.R.RAJKUMAR, C.G.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11559 of 2019
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
“i) Issue writ of mandamus or any other appropriate writ or order or direction, to the 1st and 2nd respondents effectively execute the Ext.P15 verdict before the Oman Civil Court for and on behalf of the petitioner.
ii) Issue writ of mandamus or any other appropriate writ or order or direction to the respondents 1 & 2 to take up the issue in Ext.P15 before the 3rd respondent
iii) grant such other relief as this Hon'ble court deems fit and proper to grant in the facts and circumstances of the case.”
counsel for the petitioner sought permission to withdraw the writ petition, with liberty to approach the Non Resident Indian Commission, appointed by the State Government.
Therefore, the writ petition is dismissed as
withdrawn, with liberty as sought for. All the
WP(C).No.11559 of 2019
3
questions of fact and law raised in the writ petition
are left open.
Sd/-
SHAJI P.CHALY
JUDGE
uu 14.06.2019
WP(C).No.11559 of 2019
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE INDIAN PASSPORT ISSUED BY THE 1ST RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE SERVICE AGREEMENT WITH NEW JABREEN TRADING & CONTRACTING CO. |
| EXHIBIT P3 | THE TRUE COPY OF THE LETTER WRITTEN BY THE FIRST SECRETARY TO THE 2ND RESPONDENT TO THE PETITIONER DATED 30.06.1990 |
| EXHIBIT P4 | TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 10.3.1991 TO THE PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 9.3.1992 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P6 | THE TRUE COPY OF THE LETTER DATED 17.3.1992 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE FORWARDING LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 28.7.1992. |
| EXHIBIT P8 | TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 1.8.1992. |
| EXHIBIT P9 | TRUE COPY OF THE LETTER WRITTEN FROM THE OFFICE OF THE CHIEF MINISTER OF KERALA. |
| EXHIBIT P10 | THE TRUE COPY OF THE LETTER WRITTEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 10.4.2001. |
| EXHIBIT P11 | THE TRUE COPY OF THE LETTER DATED 24.7.2001 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P12 | THE TRUE COPY OF THE LETTER ISSUED BY TEH 2ND RESPONDENT DATED 9.1.2002 TO THE FOREIGN AFFAIRS, SULTANATE OF OMAN. |
WP(C).No.11559 of 2019
EXHIBIT P13 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 3.7.2002. EXHIBIT P14 THE TRUE COPY OF THE LETTER WRITTEN BY THE 2ND RESPONDENT DATED 6.8.2002. EXHIBIT P15 TRHE TRUE COPY OF THE VERDICT IN CASE NO.85 OF THE ADMINISTRATIVE COURT BEFORE HIS MAJESTY SULTAN QABOOS BIN SAID SULTAN OF OMAN ALONG WITH ENGLISH TRANSLATION. EXHIBIT P16 THE TRUE COPY OF THE ENTRY PERMIT NO.1447225/2007/204 ISSUED BY THE UAE, MINISTRY OF INTERIOR. EXHIBIT P17 THE TRUE COPY OF THE LETTER ISSUED BY THE EXTERNAL AFFAIRS MINISTER OF INDIA DATED 13.10.2015. EXHIBIT P18 THE TRUE COPY OF THE LETTER ISSUED BY THE IST RESPONDENT DATED 20.10.2015. EXHIBIT P19 THE TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE IST RESPONDENT. EXHIBIT P20 TRUE COPY OF THE PETITION DATED 29.7.2017 TO THE PRIME MINISTER OF INDIA. EXHIBIT P21 TRUE COPY OF THE LETTER WRITTEN BY THE MINISTER FOR EXTERNAL AFFAIRS DATED 20.11.2018.
SUGATHAN GOPALAN
THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO MINISTRY OF EXTERNAL AFFAIRS
INDIAN AMBASSADOR TO SULTANATE OF OMAN
GOVT OF SULTANATE OF OMAN
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
