Disposed

Said Muhammed Nizarudin, v. Union of India

Kerala HC26 Mar 2024WP(C)/21362/2021

Case brief

AI extract

What is this about?

Petitioner's passport was seized for intended travel to Yemen contrary to a MEA advisory and Gazette notification under the Passport Act. The court disposed of the writ petition directing that if the petitioner filed a representation to the Joint Secretary (Gulf) seeking exemption/relaxation under clause (3) of Ext.P10, it be considered within four months and the decision communicated.

What did the court decide?

Direction to consider petitioner's representation for exemption/relaxation under clause (3) of Ext.P10 within four months and communicate decision.

Said Muhammed Nizarudin, Vs Union of India — Writ and Judicial Review | Kerala HC (2024)

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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 GOPINATH P.

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TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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WP(C) NO. 21362 OF 2021

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PETITIONER:

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SAIDMUHAMMED NIZARUDIN,AGED63YEARS S/O. SAIDU MUHAMMED, RESIDING AT SHALIMAR VILLA, ANDOORKONAM P.O,THIRUVANANTHAPURAM, PIN-695 584

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BY ADVS.

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J.R.PREM NAVAZ J.R SUMEEN S.(K/000187/2012)

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RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI 110 001.

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2 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM-695 001.

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3 THE JOINT SECRETARY (GULF), GULF DIVISION, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI 110 001.

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BY ADVS.

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SHRI.P.VIJAYAKUMAR, ASG OF INDIA SHRI. ACHUTH KRISHNA - CGC

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OTHER PRESENT:

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SRI. ACHUTH KRISHNA (CGC)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.21362/2021

JUDGMENT

The petitioner has approached this Court being aggrieved by the fact that the passport of the petitioner has been seized on the ground that the petitioner was intending to travel to Yemen in violation of Ext.P5 advisory and Ext.P10 notification issued under the provisions of the Passport Act, 1967. The petitioner submits that the provisions of clause (3) of Ext.P10 notification permit the Central Government to grant relaxation at the risk of the petitioner. It is submitted that the petitioner will file a comprehensive representation before the 3^rd respondent seeking an exemption/relaxation in terms of Ext.P10 notification and the same may be directed to be considered by the competent authority.

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The learned Central Government Counsel appearing for the respondents would submit that Ext.P10 notification is still in force and unless an exemption/ relaxation is granted by the Central Government in terms of clause (3) of Ext.P10, the passport of the petitioner cannot be returned to the petitioner and he cannot be allowed to travel to Yemen.

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Having heard the learned counsel for the petitioner and the learned Central Government Counsel, I am of the view that this writ petition can be disposed of directing that, if the petitioner were to file a comprehensive representation to the 3^rd respondent seeking

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W.P.(C)No.21362/2021

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exemption/relaxation from the terms of Ext.P10 notification in terms of clause (3) thereof, the said representation shall be considered by the 3^rd respondent in accordance with the law and the decision taken on the same shall also be duly communicated to the petitioner. If the petitioner files a representation before the 3^rd respondent within a period of one month from today, the same shall be considered and disposed of without further delay and at any rate, within a period of four months from the date of its receipt by the 3^rd respondent.

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The writ petition is disposed of as above.

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Sd/-

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GOPINATH P. JUDGE

acd

W.P.(C)No.21362/2021

APPENDIX OF WP(C) 21362/2021

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT FOR SEIZURE ISSUED BY THE BUREAU OF IMMIGRATION, TRIVANDRUM INTERNATIONAL AIRPORT, DATED 14.07.2019. Exhibit P2 TRUE COPY OF THE FIRST PAGE OF THE INDIAN PASSPORT OF THE PETITIONER, HAVING NO. Z4978714. Exhibit P3 TRUE COPY OF THE TRADING LICENSES OF THE PETITIONER IN ARABIC LANGUAGE, ISSUED BY THE MINISTRY OF TRADE AND COMMERCE, REPUBLIC OF YEMEN. Exhibit P3(A) TRUE COPY OF THE TRANSLATION OF EXT. P3 TRADING LICENSES OF THE PETITIONER, ISSUED BY THE MINISTRY OF TRADE AND COMMERCE, REPUBLIC OF YEMEN. Exhibit P4 TRUE COPY OF THE REQUEST BEFORE THE 2ND RESPONDENT TO RELEASE HIS PASSPORT AND TO PERMIT THE PETITIONER TO TRAVEL ABROAD INCLUDING YEMEN, DATED 06.08.2019. Exhibit P5 TRUE COPY OF THE TRAVEL ADVISORY ISSUED BY MINISTRY OF EXTERNAL AFFAIRS, UNION OF

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W.P.(C)No.21362/2021

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INDIA, DATED 01.04.2016.

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Exhibit P6	TRUE COPY	OF THE JUDGMENT OF THIS HON'BLE
	COURT IN	W.P.C NO. 24015 OF 2019, DATED
	30.10.2019	.
Exhibit P7	TRUE COPY	OF THE REPRESENTATION SUBMITTED
	BY THE PE	TITIONER TO THE JOINT SECRETARY
	(GULF),	GULF DIVISION, MINISTRY OF
	EXTERNAL	AFFAIRS, GOVERNMENT OF INDIA
	THROUGH	THE 2ND RESPONDENT, DATED
	05.12.2019	.
Exhibit P8	TRUE COPY	OF THE ORDER OF THIS HON'BLE
	COURT IN	R.P. NO. 1018 OF 2020 IN W.P.C
	NO. 24015	OF 2019, DATED 12.03.2021.
Exhibit P9	TRUE COPY	OF THE ORDER OF THE 2ND
	RESPONDENT	HAVING NUMBER 1900108-CPC-TVM
	DATED 14.1	1.2019.
Exhibit P10	TRUE COPY	OF THE GAZETTE NOTIFICATION NO.
	2822 IN	THE GAZETTE OF INDIA, DATED
	03.10.2017	.

Said Muhammed Nizarudin, v. Union of India

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Said Muhammed Nizarudin, v. Union of India

Case brief

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