Kerala High Court
Shifas Valappil vs Bureau Of Immigration Department on 18 July, 2025
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 12187 OF 2025
PETITIONER/S:
1 ASKAR MON VALAPPIL,
AGED 44 YEARS
SON OF UNNIMUHAMMED VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANADTALUK,
MALAPPURAM DISTRICT, PIN - 676541
2 LUBINAMOL KAIPAKUNNEN,
AGED 40 YEARS
WIFE OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
3 SHIMLA SHERIN VALAPPIL (MINOR),
AGED 15 YEARS
DAUGHTER OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT-REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN ASKAR MON VALAPPIL, AGED 44
YEARS, SON OF UNNI MUHAMMED VALAPPIL, VALAPPIL
HOUSE, EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD
TALUK, MALAPPURAM DISTRICT, PIN - 676541
4 MUHAMMED NABHAN VALAPPIL (MINOR),
AGED 8 YEARS
SON OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT-REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN ASKAR MON VALAPPIL, AGED 44
YEARS, SON OF UNNIMUHAMMED VALAPPIL, VALAPPIL
HOUSE, EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD
TALUK, MALAPPURAM DISTRICT, PIN - 676541
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
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5 MARIYAM VALAPPIL (MINOR),
AGED 4 YEARS
DAUGHTER OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT-REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN ASKAR MON VALAPPIL, AGED 44
YEARS, SON OF UNNIMUHAMMED VALAPPIL, VALAPPIL
HOUSE, EDAVANNA P.O., EDAVANNA VILLAGE,
ERANADTALUK, MALAPPURAM DISTRICT, PIN - 676541
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT/S:
1 BUREAU OF IMMIGRATION DEPARTMENT,
CALICUT INTERNATIONAL AIRPORT, AIRPORT P.O.,
AIRPORT ROAD, KOZHIKODE, KARIPUR, KERALA
REPRESENTED BY ITS COMMISSIONER (IMMIGRATION),
PIN - 673647
2 THE REGIONAL PASSPORT OFFICER,
CALICUT PASSPORT OFFICE, NEAR CO-OPERATIVE
HOSPITAL, ERANHIPPALAM, KOZHIKODE, KERALA, PIN -
673006
3 THE JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI, PIN - 110011
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, ALONG WITH WP(C).15478/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 15478 OF 2025
PETITIONER/S:
SHIFAS VALAPPIL,
AGED 22 YEARS
SON OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT/S:
1 BUREAU OF IMMIGRATION DEPARTMENT,
CALICUT INTERNATIONAL AIRPORT, AIRPORT P.O,
AIRPORT ROAD, KOZHIKODE, KARIPUR, KERALA,
PIN - 673647
2 THE REGIONAL PASSPORT OFFICER,
CALICUT PASSPORT OFFICE, NEAR CO- OPERATIVE
HOSPITAL, ERANHIPPALAM, KOZHIKODE, KERALA,
PIN - 673006
3 THE JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI, PIN - 110011
4 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY
OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
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DELHI, PIN - 110001
BY ADV SHRI.C.DINESH, CGC
SHRI.O.M SHALINA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, ALONG WITH WP(C).12187/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
5
JUDGMENT
The petitioners in these cases are Indian citizens bearing Passport Nos.Z2915390 (1st petitioner), M6560544 (2nd petitioner), U4085031 (3rd petitioner), R5117425 (4th petitioner), U2773064 (5th petitioner) in WP(C) No.12187 of 2025 and U6570905, (petitioner) in WP(C) No.15478 of 2025. The petitioners went to Yemen through Oman. On their return to Calicut Airport, the passports of the petitioners were seized by the Bureau of Immigration Department, Calicut International Airport.
2. The petitioners in WP(C) No.12187 of 2025 had earlier filed WP(C) No.30461 of 2024, which was disposed of by judgment dated 30 th August, 2024, directing the Joint Secretary (Gulf), Ministry of External Affairs, Government of India, New Delhi to consider the representation preferred by them for release of the passports. Pursuant to the above direction, Ext.P9 dated 22nd October, 2024 was passed in WP(C) No.12187 of 2025, stating that their passports are seized in terms of para 1 (ii) of the Gazette Notification No.S.O.3223 (E) dated 26th September 2017, under Sub-section (3) of Section (10) of the Passports Act, 1967. It was also found that there was no compelling reason to travel to Yemen in contravention of the GOI travel ban to that country.
2025:KER:53463 WP(C) NO.12187 & 15478 OF 2025 6
3. As far as the petitioner in WP(C) No.15478 of 2025 is concerned, the writ petitioner had filed WP(C) No.30478/2024, which by judgment dated 30th August 2024 directed the Joint Secretary (Gulf), Ministry of External Affairs, Government of India, New Delhi to consider his request for release of the passport. Ext.P5 is the order passed pursuant to the above direction, on 22nd October 2024, stating the same reason as of Ext.P9 in the connected writ petition.
4. The learned counsel for the petitioners submits that the order impounding the passport of the petitioners has not been served on them. The petitioners can take recourse to Section 11 of the Passports Act, 1967, only if the above order is communicated to them. The petitioners also submit that the order is necessary for making a request for ex-post facto approval.
5. Under such circumstances, there will be a direction to the Regional Passport Officers concerned to serve a copy of the orders impounding the passports to the petitioners within a month from today. On receipt of the same, it will be open to the petitioners either to file a statutory appeal or seek ex-post facto approval, which shall be considered in accordance with law.
2025:KER:53463 WP(C) NO.12187 & 15478 OF 2025 7 Without prejudice to any of the contentions of the petitioners, these writ petitions are disposed of as above.
SD/-
MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:53463 WP(C) NO.12187 & 15478 OF 2025 8 APPENDIX OF WP(C) 12187/2025 PETITIONER EXHIBITS Exhibit P1. TRUE COPY OF THE SEIZURE FORM ISSUED TO THE FIRST PETITIONER DATED 14.05.2022 BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE SEIZURE FORM ISSUED TO THE SECOND PETITIONER DATED 14.05.2022 BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE SEIZURE FORM ISSUED TO THE THIRD PETITIONER DATED 14.05.2022 BY THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE SEIZURE FORM ISSUED TO THE FOURTH PETITIONER DATED 14.05.2022 BY THE FIRST RESPONDENT Exhibit P5 TRUE COPY OF THE SEIZURE FORM ISSUED TO THE FIFTH PETITIONER DATED 14.05.2022 BY THE FIRST RESPONDENT Exhibit P6 TRUE COPY OF THE APPLICATION DATED 16.8.2024 SUBMITTED BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT THROUGH REGISTERED POST Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16.8.2024 TOWARDS THE PROOF OF SERVICE OF EXHIBIT P2 Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 30.8.2024 IN WPC NO.30461/2024 Exhibit P9 TRUE COPY OF THE ORDER DATED 22.10.2024 ISSUED BY THIRD RESPONDENT 2025:KER:53463 WP(C) NO.12187 & 15478 OF 2025 9 APPENDIX OF WP(C) 15478/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MEMO ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT ALONG WITH READABLE COPY Exhibit P2 TRUE COPY OF THE APPLICATION DATED 16.8.2024 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT THROUGH REGISTERED POST Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 16.8.2024 TOWARDS THE PROOF OF SERVICE OF EXHIBIT P2 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 30.8.2024 IN WPC NO.30478/2024 Exhibit P5 TRUE COPY OF THE ORDER DATED 22.10.2024 ISSUED BY THIRD RESPONDENT RESPONDENT ANNEXURES ANNEXTURE R1(a) True copy of the Gazette notification No. S.0 3233(E) dated 26/09/2017