The High Court directed the Secretary to Government of India, Ministry of Home Affairs to take a decision on the petitioner's citizenship applications within two months after considering the State Government report and affording the petitioner an opportunity of hearing.
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 V.G.ARUN
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
WP(C) NO. 10619 OF 2022
PETITIONER:
KUNHI MARAKKAR N. AGED 81 YEARS S/O.SAIDALIKUTTY MOLLA, RESIDING AT NHARAKKATT HOUSE, ANANTHAVUR P.O., TIRUR, MALAPPURAM - 676 301.
BY ADVS. NIRMAL V NAIR RAHUL S.NATH
RESPONDENTS:
3 THE DISTRICT COLLECTOR MALAPPURAM, CIVIL STATION, MALAPPURAM, UP HILL, CIVIL STATION P.O., MALAPPURAM - 676 505.
BY ADVS.
MANU S., ASGI AMMINIKUTTY K., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.10619 OF 2022
2
JUDGMENT
Dated this the 11th day of August, 2022
The prayer in this writ petition is for expeditious determination of petitioner’s citizenship under Section 9(2) of the Citizenship Act, 1955, based on Exts.P6 and P22 applications submitted before the 1st respondent.
The writ petition is accordingly disposed of, directing the 1st respondent to act upon Exts.P6 and P22 applications, after taking into consideration the
WP(C) NO.10619 OF 2022
3
report forwarded by the 2nd respondent. The decision shall be taken as expeditiously as possible and at any rate within two months of receipt of a copy of this judgment. Before taking the decision, the petitioner
shall be afforded with an opportunity of hearing.
Sd/-
V.G.ARUN JUDGE
NB/11-8
WP(C) NO.10619 OF 2022
4
APPENDIX OF WP(C) 10619/2022
| PETITIONER’S EXHI EXHIBIT P1 |
BITS A TRUE COPY OF THE EXTRACT OF ADM REGISTER, CHERURAL HIGH SCHOOL, KURUM DATED 1/10/1992. |
ISSION BATHUR |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE CERTIFICATE OF MA DATED NIL ISSUED BY THE SECRETARY, JAMAUTH COMMITTEE, IDAKKULAM JUMA MASJID. |
RRIAGE MAHAL |
| EXHIBIT P3 | A TRUE COPY OF EXTRACT OF THE ADM REGISTER OF G.M.L.P.SCHOOL, EDAKKULAM 8/9/2001. |
ISSION DATED |
| EXHIBIT P4 | A TRUE COPY OF THE AADHAR CARD ISSUED PETITIONER. |
TO THE |
| EXHIBIT P5 | A TRUE COPY OF THE DRIVING LICENSE 17/2/2011 ISSUED TO THE PETITIONER. |
DATED |
| EXHIBIT P6 | A TRUE COPY OF THE REPRESENTATION 3/10/1992 SUBMITTED BY THE PETITIONER THE 1ST RESPONDENT. |
DATED BEFORE |
| EXHIBIT P7 | A TRUE COPY OF THE REPRESENTATION 7/11/1992 SUBMITTED BY THE PETITIONER THE 1ST RESPONDENT. |
DATED BEFORE |
| EXHIBIT P8 | A TRUE COPY OF THE LETTER NO.26021/82/9 DATED 30/12/1992 ADDRESSED BY THE RESPONDENT TO THE 2ND RESPONDENT. |
2-IC.I 1ST |
| EXHIBIT P9 | A TRUE COPY OF THE LETTER DATED 17/ ISSUED TO THE PETITIONER BY THE 1ST RESPO |
3/1994 NDENT. |
| EXHIBIT P10 | A TRUE COPY OF THE MEMO NO.26021/82/92- DATED 26/5/1994 ISSUED BY THE 1ST RESPOND |
I.C.-I ENT. |
| EXHIBIT P11 | A TRUE COPY OF THE WRITTEN SUBMISSION 28/10/1994 SUBMITTED BY THE PETITIONER THE 1ST RESPONDENT. |
DATED BEFORE |
| EXHIBIT P12 | A TRUE COPY OF THE RESIDENTIAL PERMIT 29/10/2001 ISSUED TO THE PETITIONER B FOREIGNERS REGISTRATION OFFICER, MALAPPUR |
DATED Y THE AM. |
| EXHIBIT P13 | A TRUE COPY OF THE CERTI NO.L.DIS.48906/2002/E2 DATED 28/12/2002 BY THE ADDITIONAL DISTRICT MAGIS MALAPPURAM. |
FICATE ISSUED TRATE, |
| EXHIBIT P14 | A TRUE COPY OF THE APPLICANT COP CITIZENSHIP BY REGISTRATION UNDER SECTIO (C) DATED NIL SUBMITTED BY THE PETITIONER |
Y FOR N 5(1) . |
| EXHIBIT P15 | A TRUE COPY OF THE NOTICE NO.S1-2497 DATED 20/7/2007 ISSUED BY THE 3RD RESPOND |
9/2000 ENT. |
| EXHIBIT P16 | A TRUE COPY OF THE LETTER NO.26030/19 IC.II DATED 7/8/2018 ISSUED BY TH RESPONDENT. |
/2018- E 1ST |
| EXHIBIT P17 | A TRUE COPY NOTARIZED AFFIDAVIT SWORN PETITIONER DATED NIL. |
BY THE |
WP(C) NO.10619 OF 2022
5
| EXHIBIT P18 | A TRUE SUBMITTED RESPONDEN |
COPY BY T. |
OF THE |
THE LETTER DATED 8/10/2018 PETITIONER BEFORE THE 3RD |
|---|---|---|---|---|
| EXHIBIT P19 | A TRUE 5/3/2020 KOZHIKODE |
COPY ISSUE . |
OF T D BY |
HE DISCHARGE SUMMARY DATED THE ASTER MIMS HOSPITAL, |
| EXHIBIT P20 | A TRUE 28/2/2021 THE 3RD R |
COPY SUBM ESPON |
OF ITTED DENT. |
THE REPRESENTATION DATED BY THE PETITIONER BEFORE |
| EXHIBIT P21 | A TRUE CO BY THE 3R |
PY OF D RES |
THE PONDE |
LETTER DATED 5/3/2021 ISSUED NT. |
| EXHIBIT P22 | A TRUE 5/3/2021 HON'BLE H |
COPY SUBMI OME M |
OF TTED INIST |
THE REPRESENTATION DATED BY THE PETITIONER BEFORE THE ER OF INDIA. |
| EXHIBIT P23 | A TRUE CO | PY OF | THE | LETTER DATED 5/5/2021 ISSUED |
| BY SRI. CONSTITUE |
E.T.M NCY. |
UHAMM | ED BASHEER, MP, PONNANI | |
| EXHIBIT P24 | A TRUE 30/8/2021 |
COPY SUBM |
OF ITTED |
THE REPRESENTATION DATED BY THE PETITIONER. |
| EXHIBIT P25 | A TRUE ISSUED BY |
COPY THE |
OF HON'B |
THE LETTER DATED 16/9/2021 LE HOME MINISTER OF INDIA. |
| EXHIBIT P26 | A TRUE C DATED 26/ |
OPY OF 7/202 |
THE 1 ISS |
LETTER NO.SS-B1/31/2020/HOME UED BY THE 3RD RESPONDENT. |
| EXHIBIT P27 | A TRUE 13/10/202 |
COPY 1 SUB |
OF MITTE |
THE REPRESENTATION DATED D BY THE PETITIONER. |
| EXHIBIT P28 | A TRUE CO BY THE 3R |
PY OF D RES |
THE PONDE |
ORDER DATED 8/11/2021 ISSUED NT. |
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the 1st respondent is directed to expeditiously take a decision on the petitioner's citizenship applications based on the report obtained from the State Government.
KUNHI MARAKKAR N.
UNION OF INDIA
STATE OF KERALA
THE DISTRICT COLLECTOR MALAPPURAM
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
