Kerala High Court
Jineesh Kattampilli John vs Union Of India on 11 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13665 OF 2024
PETITIONER:
JINEESH KATTAMPILLI JOHN,
AGED 34 YEARS,
S/O JOHN KATTAMPILLI, KATTAMPILLI HOUSE KUPPADI P.O.,
SULTHAN BATHERY, WAYANAD DISTRICT, KERALA STATE,
PIN - 673592.
BY ADVS.
R.LAIJU
SARUN RAJAN
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE FOREIGN SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, E BLOCK, CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110 001.
2 M/S VFS GLOBAL SERVICES PRIVATE LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE
AT 3RD FLOOR, URMI AXIS BUILDING, BEHIND FAMOUS STUDIO,
MAHALAXMI (WEST), MUMBAI, MAHARASHTRA, PIN - 400 011.
SRI. T C KRISHNA (SR. PANEL COUNSEL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13665 OF 2024
2
JUDGMENT
The petitioner has approached this Court being aggrieved by the fact that the petitioner is unable to obtain a suitable slot for personal interview for issuance of work visa to work in the Republic of Poland despite the fact that he had obtained an employment offer from a company in Poland. It is the case of the petitioner that the issuance of visa is entrusted to the 2 nd respondent, which is a Private Limited Company and owing to mismanagement and purposeful delay at the hands of the 2 nd respondent, the petitioner is unable to obtain a timely slot for consideration of his application for work visa. The petitioner has submitted Ext.P3 representation to the 1st respondent projecting his grievances.
2. Sri.T.C.Krishna, the learned Senior Panel counsel appearing for the 1st respondent would point out that the 1 st respondent has absolutely no role in the matter and no writ can be issued to the 2nd respondent as the 2nd respondent is a Private Limited Company engaged by the Republic of Poland for processing visa applications. It is submitted that the 1 st respondent has no role whatsoever in the processing of visa by WP(C) NO. 13665 OF 2024 3 the 2nd respondent and it is not in a position to interfere in the matter on behalf of the petitioner.
3. Having heard the learned counsel for the petitioner and the learned Senior Panel Counsel appearing for the 1 st respondent, I am of the view that there is considerable merit in the submission made by the learned Counsel appearing for the 1st respondent. Even on the petitioner's own showing the visa services for the Republic of Poland is managed by the 2 nd respondent, which is a Private Limited Company. The 1 st respondent cannot have any role whatsoever and it is not in a position to intervene in the matter on behalf of the petitioner. However, in the peculiar facts and circumstances of the case, I direct the 1st respondent to take a decision on Ext.P3 representation submitted by the petitioner and utilize its good offices to see if the problem of the petitioner can be solved in any manner. I make it clear that this is not a direction to the 1 st respondent that it must intervene in the matter on behalf of the petitioner and it is only a direction to consider whether its good offices can be utilized for the purposes of redressing the grievance of the petitioner. The 1 st respondent shall endeavor to do the needful, within a period of one month from the date of WP(C) NO. 13665 OF 2024 4 receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
GOPINATH P. JUDGE DK WP(C) NO. 13665 OF 2024 5 APPENDIX OF WP(C) 13665/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WORK PERMIT, DATED 27.02.2023 ISSUED BY PROGRESS ADVANCED SOLUTIONS AT POLAND TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE SCREEN SHOT OF THE APPOINTMENT BOOKING PORTAL OF THE 3RD RESPONDENT SHOWING THE MESSAGE NO APPOINTMENT SLOTS ARE AVAILABLE IN ANY CENTERS FOR YOUR SELECTED SUB-
CATEGORY"
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 20.03.2024 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20.03.2024 SUBMITTED BEFORE THE CONSULATE GENERAL OF THE REPUBLIC OF POLAND Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 20.03.2024 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE VIENNA CONVENTION ON CONSULAR RELATIONS, 1963