IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21233 OF 2022
PETITIONER:
NAIF BIN NASAR
S/O NASAR PANTHAKALOKAM, DHARUL SHIFA HOUSE,
KALLAI P.O., KOZHIKODE - 673001
BY ADVS.
SHARAN SHAHIER
RAKHY BABY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
MINISTRY OF EXTERNAL AFFAIRS
JS (PSP) AND CPO,PSP DIVISION,
MINISTRY OF EXTERNAL AFFAIRS
ROOM NO. 8, PATIALA HOUSE, TILAK MARG,
NEW DELHI - 110001
2 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, BYPASS ROAD,
NEAR CO-OPERATIVE HOSPITAL, ERANHIPPALAM P.O,
KOZHIKODE, KERALA 673006.
3 THE PASSPORT OFFICER
PASSPORT OFFICE, KOZHIKODE 673001.
BY ADV MANU S., ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.21233/2022
2
JUDGMENT
The petitioner, holder of the passport bearing number Z1980313 dated 30.3.2015 valid up to 29.3.2025 has approached this Court with the following prayers :
"(i) issue a writ of certiorari or any other writ or order calling for records leading to Ext.P2 seizure form and quash the same.
(ii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs."
2. It is contended that the petitioner had been working in the Kingdom of Saudi Arabia as Warehouse Store Keeper. Since he was not being paid properly, was not in a position to continue the employment. As the employer was not willing to give exit document, he travelled by road from Saudi Arabia to Yemen and thereafter from Yemen to India by air. It is contended that the Government of India, Ministry of External Affairs, Chief Passport office in the meantime had promulgated a notification dated 26.9.2017 banning any Indian National Travelling to Yemen in violation of the notification to be liable for action under Section 12 of the Passport Act including impounding and revocation under WP(C) No.21233/2022 3 sub-section (3) of Section 10 of the Act. It is in that context that when the petitioner reached India and his passport vide Ext.P1 was seized. During the pendency of the Writ Petition, the petitioner has already submitted a representation to the Joint Secretary, Ministry of External Affairs giving the details of his condition and status of travelling to Yemen by road from Saudi Arabia.
3. Learned ASGI submits that the respondents would not be averse in taking a call on the representation.
Keeping in view the peculiar and attenuating circumstances, without expressing any opinion, I dispose of the Writ Petition by issuing directions to the respondents to take a call on the representation of the petitioner and decide the same in accordance with law, after affording an opportunity of hearing within a period of one month from the date of receipt of the certified copy of the judgment.
Sd/-
AMIT RAWAL, JUDGE csl WP(C) No.21233/2022 4 APPENDIX OF WP(C) 21233/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER BEARING NO.21980313.
Exhibit P2 TRUE COPY OF THE SEIZURE FORM DATED 17.10.2021.
Exhibit P3 TRUE COPY OF THE SWORN AFFIDAVIT DATED 20.10.2021 OF THE PETITIONER.
Exhibit P4 A COPY OF LETTER DATED 14.06.2022 TO THE. 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BEFORE JS(GULF) OF THE INDIAN EMBASSY IN SANA VIA EMAIL