Kerala High Court
Santhosh Kumar A.U vs Union Of India on 16 June, 2021
WP(C).2259/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
WP(C) NO. 2259 OF 2021
PETITIONER/S:
1 SANTHOSH KUMAR A.U
AGED 45 YEARS
S/O.N.UNNIKRISHNAN, DHRUVAM, NJAYA, RAZCHAKKAVU
ROAD, KAZCHAPPARAMBU, KANNADI, PALAKKAD, KERALA-
678701.
2 SAJEENA AHMED AMANI,
AGED 43 YEARS
D/O.ABDUL HAMEED, DARUL AMAN, PERUMPANACHY P.O.,
CHANGANACHERRY, KOTTAYAM, KERALA-686536.
3 ABDUL KADHER ASHAPH SHAH,
AGED 74 YEARS
S/O.ABDUL KADHER, KADAPPARA KOCHU VEEDU, MANDAKKAL,
KOLLAM DISTRICT-691010.
4 JOHNSON XAVIER,
AGED 55 YEARS
S/O.MANJALY CHACKO XAVIER, MANJALY HOUSE, AVITTATHUR
P.O., THRISSUR DISTRICT-680683.
5 JACOB JOSE.P,
AGED 53 YEARS
S/O.PAYYAPPILLY UTHUPPU JACOB, PAYYAPPILLY HOUSE,
PERUMPADANNA NORTH PARAVUR, ERNAKULAM DISTRICT-
683513.
6 RAJAN C.JOHN CHEROOKARAN,
AGED 61 YEARS
S/O.CHEROOKARAN INASU JOHN, CHEROOKARAN HOUSE,
NELLANGARA, NETTISERY P.O., THRISSUR DISTRICT-
680651.
7 JAYANARAYANAN SIVARAMA PILLAI,
AGED 59 YEARS
S/O.VELAYUDHA NARAYANA SIVARAMA PILLAI, TC 27/736-7,
GAURI NILAYAM, AMBALATHUMUKKU, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM, KERALA-695035.
WP(C).2259/21 2
8 PRATHEESH P.S.,
AGED 39 YEARS
S/O.SASIKUMAR KUMARAN, POZHINIKARTHIL, ERAMALLOOR
P.O., CHERTHALA, ALAPPUZHA, KERALA-688537.
9 JAYAN GOPALAN,
AGED 56 YEARS
S/O.K.K.GOPALAN, CHETTIYAPPILLI, NORTH PARAVUR P.O.,
ERNAKULAM, KERALA-683513.
10 PRABHAVATHY ANKATHIL,
AGED 60 YEARS
W/O.VENUGOPAL PRASAD.K, PRASANTHAM, MAVELIKARA I,
ALAPPUZHA, KERALA-690101.
11 ARUN VASUDEVAN,
AGED 41 YEARS
S/O.VASUDEVAN, VADASSERY, LEELA VIHAR, KUTTANAD,
PALAGHAT DISTRICT, KERALA-679533.
12 MATHEW M.KURIEN,
AGED 59 YEARS
S/O.KURIEN, MULLAPALLIL, THRIKAKARA, KOCHI-682021.
13 ABHILASH KOSHY MATHEW,
AGED 35 YEARS
S/O.T.M.KOSHY, THEKKE VEEDU KADAKKAMON,
PATHANAPURAM, KOLLAM DISTRICT, KERALA-689695.
14 MOHAMED BUKHARI KARUKAPADATH ABDU,
AGED 59 YEARS
S/O.KARUKAPADATH KUNJI MOHAMED ABU, KARUKAPADATH
HOUSE, WEST CHALAKUDY, THRISSUR DISTRICT, KERALA-
680307.
15 SHIBIN RAGHAVAN,
AGED 46 YEARS
S/O.KAIPPULLY VELAPPAN, KAIPULLY HOUSE, PALLIPURAM,
KODANNUR, TRISSUR, KERALA-680563.
BY ADVS.
JOSE ABRAHAM
SRI.E.ADITHYAN
RESPONDENT/S:
1 UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS
WP(C).2259/21 3
SECRETARY, SOUTH BLOCK, CABINET SECRETARIAT, RAISINA
HILL, NEW DELHI-110001.
2 UNION OF INDIA,
MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS
FOREIGN SECRETARY, SOUTH BLOCK, CABINET SECRETARIAT,
RAISINA HILL, NEW DELHI-110001.
3 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4 THE DEPARTMENT OF NON RESIDENT KERALITES AFFAIRS
(NORKA),
REPRESENTED BY ITS PRINCIPAL SECRETARY, ROOM NO.127.
1ST FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 RUBY CARGO SERVICE,
LICENSED CUSTOM HOUSE AGENT, OPP.H.M.L. INDIAN
INDUSTRIES BUILDING, BRISTOW ROAD, WILLINGTON
ISLAND, COCHIN-682003.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
ADV. KRISHNA FOR ASG;GP PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).2259/21 4
V.G.ARUN, J.
-----------------------------------------------
W.P(C).No.2259 of 2021
-----------------------------------------------
Dated this the 16th day of June, 2021
JUDGMENT
Petitioners are Indian citizens, who had been working abroad
for the past many years. The sudden spread of COVID-19 resulted in
the petitioners losing their jobs and being forced to return to India.
This situation necessitated shipping of their personal belongings and
household articles. The petitioners entrusted these articles with the
fifth respondent and paid the requisite cargo and freight charges.
Adding to the petitioner's woes, the yard where their belongings
were stored was gutted in a fire and the entire items were lost. The
petitioners have not been compensated for the loss and even the
cargo and freight charges remitted by them have not been
refunded. Aggrieved, they approached the Indian Embassy at UAE
with their grievance and also alerted the External Affairs Ministry in
India. The writ petition is filed seeking expeditious resolution to their
grievance.
2. Smt.S.Krishna, learned Central Government Counsel,
submits that all efforts were taken by the Indian Embassy and the
External Affairs Ministry to help the petitioners. It is submitted that
the representative of the 5th respondent Company was called to the
Embassy on 13.9.2020 and during discussion, the representative
had informed that most of the claims had been settled and that
those persons whose claims are still subsisting can approach their
office directly. As regards the compensation for the lost items, it was
informed that the Company is waiting for a forensic and civil
defence report from the appropriate authorities and once it is
received, the claims will be processed.
3. From the submissions, it is evident that everything possible
is being done by the authorities and I am confident that the efforts
will be continued.
In that view of the matter, the submissions are recorded and
the writ petition is disposed of, leaving it open to the petitioners to
work out their remedy against the 5th respondent and to pursue
their claim for compensation, before the appropriate authorities.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX OF WP(C) 2259/2021
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NEWS PAPER REPORT AT UAE-
GULF NEWS DATED 25 SEPTEMBER 2020.
EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF
THE COMPLAINT FORWARDED BEFORE THE HARBOUR
POLICE STATION DATED 18.08.2020.
EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
ISSUED BY THE BRANCH OFFICE OF THE RUBY
CARGO SITUATED AT WILLINGTON ISLAND DATED
18.08.2020.
EXHIBIT P4 TRUE COPY OF THE REMINDER EMAIL DATED
31.08.2020 FORWARDED TO THE CEO NORKA BY
THE PETITIONERS.
EXHIBIT P5 TRUE COPY OF THE REMINDER EMAIL DATED
24.09.2020 FORWARDED TO THE FOURTH
RESPONDENT BY THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 01.10.2020
FORWARDED TO THE AMBASSADOR, EMBASSY OF
INDIA, ABU DHABI, UAE, THE SECOND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.14496 OF 2020.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
11.12.2020 FORWARDED TO THE AMBASSADOR,
EMBASSY OF INDIA, ABU DHABI, UAE.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
JANUARY 7TH 2021 ADDRESSED TO THE CUSTOMS
COMMISSIONER, WILLINDON ISLAND.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
15.12.2020 FORWARDED TO THE UNION OF
INDIA, MINISTRY OF EXTERNAL AFFAIRS, THE
FIRST RESPONDENT HEREIN.
