Writ petition by a foreign national in prison seeking deportation. The Court directed the State Government to consider and pass orders on the petitioner's representation seeking release and deportation within three weeks.
Direction to the 2nd respondent to consider and pass orders on the petitioner's representation within three weeks.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
WP(C).No. 270 of 2019
PETITIONER/S:
TEWA ISAAC AGED 39 YEARS S/O.MOUBISSI, MALIENNE/MALIAN, MENAGERE DISTRICT, BAMAKO MLI, BAMAKO, MALI, NOW IN CUSODY AND D.NO.43, CENTRAL PRISON, VIYOOR, THRISSUR DISTRICT, KERALA STATE, PIN -680 010.
BY ADV. SRI.MANJU ANTONEY
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREIGN AFFAIRS, UNION SECRETARIATE, NEW DELHI - 100 001.
2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM , PIN - 695 001.
3 STATION HOUSE OFFICER KARIPUR POLICE STATION, MALAPPURAM DISTRICT, PIN -
BY ADV. SRI.B.RAMACHANDRAN, CGC
GOVERNMENT PLEADER-SMT. B. VINITHA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking directions to the respondents to
take effective steps for deportation of the petitioner, who is a foreign national from Mali.
In the above view of the matter, there will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P2 representation preferred by the petitioner, within a period of
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three weeks from the date of receipt of a copy of this judgment. The petitioner shall make available a copy of the judgment along with a
copy of the writ petition before the 2nd respondent for compliance.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Ac
WP(C).No. 270 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER OF ACQUITTED DATED 30/07/2018 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 15/09/2018. EXHIBIT P3 TRUE COPY OF THE FORWARDING LETTER DATED 15/09/2018 ISSUED BY SUPERINTENDENT OF CENTRAL PRISON AND CORRECTIONAL HOME, VIYOOR TO THE DIRECTOR GENERAL OF PRISONS AND CS, PRISON HEAD QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM.
RESPONDENT'S EXHIBITS:NIL
1 issue framed by the court
Whether the 2nd respondent should consider and pass orders on the petitioner's representation seeking release from prison and deportation.
Tewa Isaac
Union of India
State of Kerala
Station House Officer Karipur Police Station
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
