Disposed

Shamnad.S v. Union of India

Kerala HC8 Mar 2019WP(C)/11991/2018

Case brief

AI extract

What is this about?

Petitioner sought mandamus for enquiry into respondents 3 and 4 regarding alleged illegal activities affecting the petitioner's eligibility. Court recorded submissions that the 2nd respondent had already passed an order which the petitioner claimed was not received. Petitioner was directed to ensure receipt of the order.

What did the court decide?

The 2nd respondent directed to communicate the order to the petitioner within a month.

Shamnad.S Vs Union of India — Writ and Judicial Review | Kerala HC (2019)

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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 SHAJI P.CHALY

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FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

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WP(C).No. 11991 of 2018

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PETITIONER/S:

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SHAMNAD.S

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AGED 35, S/O. SHAJAHAN, SHABNA MANZIL, VADAKKEMUKKU, KANNANALLOOR P.O., KOLLAM DISTRICT, PIN - 691 576.

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BY ADV. SRI.AJAYA KUMAR. G

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RESPONDENT/S:

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1 UNION OF INDIA

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REPRESENTED BY JOINT SECRETARY, MINISTRY OF MINORITY AFFAIRS, 11TH FLOOR, PANDIT DEENADAYAL ANTYODYAYA BHAWAN, CGO BHAWAN, LODHI ROAD, NEW DELHI - 110 003.

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2 THE UNDER SECRETARY MINISTRY OF MINORITY AFFAIRS, (HAJ DIVISION), 3RD FLOOR, ISII, V.K.KRISHNA MENON BHAWAN, BHAGWANDAS ROAD, NEW DELHI - 110 001.

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3 MUHAMMED HASHIM

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AGED 29 YEARS, S/O. ABDUL SHUKOOR, PROPRIETOR, AL ROWLLA HAJ UMRA TRAVEL & SERVICES, REGISTRATION NO. CAT II/F-56/2017, SEENAS ROAD, VADAKKEVILA P.O., KOLLAM, PIN - 691 011.

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4 ABDUL SHUKOOR ARFA NAGAR, 56 A, ERAVIPURAM P.O., KOLLAM, PIN - 691 011.

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BY ADVS. SRI.JAISHANKAR V.NAIR, CGC SRI.NOORJI NOUSHAD SRI.NOUSHAD THOTTATHIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11991 of 2018

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:

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“i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 and 2 to consider Exts.P2 and P3 representation submitted by the petitioner and make a detailed enquiry upon the illegal activities of the respondents 3 and 4 and take appropriate action against them within a time frame fixed by this Court.

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ii) Grant the petitioner such other and further reliefs which this Hon'ble Court deems just and fit under the circumstances of the case.”

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The issue in this writ petition relates to the alleged disqualification, consequent to the allegation made against the 4^th respondent. Thereupon, petitioner has submitted Exts.P2 and P3 before the 2^nd respondent, and inaction on the part of the 2^nd respondent is the basic issue raised by the petitioner.

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A detailed counter affidavit is filed by the 3^rd and 4^th respondents. Elaborate discussion on the issue is not required, since the learned CGC appearing for respondents 1 and 2 submitted that already orders are passed by the 2^nd respondent. However, learned Counsel for the petitioner submitted that it is

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WP(C).No. 11991 of 2018

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not received.

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In that view of the matter, this writ petition is disposed of, recording the submission made by the learned Counsel appearing for respondents 1 and 2 and also directing the 2^nd respondent to communicate the order to the petitioner at the earliest possible and at any rate within a month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 11991 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO. 5/1/2016HAJ DATED 20.12.2016 OF THE 1ST RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 23.03.2018 SUBMITTED BY THE PETITIONER.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 27.03.2018 SUBMITTED BY THE PETITIONER.

Shamnad.S v. Union of India

Case brief

What is this about?

What did the court decide?

Shamnad.S v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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