Kerala High Court
T.L.Ouseph vs Union Of India on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 26408 OF 2011
PETITIONER:
T.L.OUSEPH, S/O.LONAPPAN, AGED 64 YEARS,
THARAKAN HOUSE, P.O.PAVARTY, THRISSUR-680 507.
BY ADV SRI.T.RAJASEKHARAN NAIR
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS
SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS,,
GOVERNMENT OF INDIA, NEW DELHI-110 002.
2 THE SECRETARY
MINISTRY OF EXTERNAL AFFAIRS, (SPECIAL KUWAIT CELL),
ISIL BUILDING, 9-BHAGWAN DAS ROAD, OPPOSITE SUPREME
COURT, NEW DELHI-110 002.
SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, ALONG WITH WP(C).26461/2011, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 26408
& 26461 of 2011
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 26461 OF 2011
PETITIONER:
SAILAJA KUMARI, W/O.LATE D.S. DILIP,
SANTHIMA, PAPPALA, KILIMANOOR,
THIRUVANANTHAPURAM.
BY ADV SRI.T.RAJASEKHARAN NAIR
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS
SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS,
GOVERNMENT OF INDIA, NEW DELHI- 110 002.
2 THE SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, (SPECIAL KUWAIT CELL) ISIL BUILDING,
9- BHAGAWAN DAS ROAD, OPPOSITE SUPREME COURT,
NEW DELHI-110 002.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, ALONG WITH WP(C).26408/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 26408
& 26461 of 2011
3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C)Nos.26408 and 26461 of 2011
--------------------------------------
Dated this the 29th day of October 2021
JUDGMENT
The above writ petitions are connected and
therefore I am disposing of these two writ
petitions by a common judgment. I will narrate
the facts in W.P.(C)No.26408 of 2011.
2. The petitioner and his family was forced
to leave from Kuwait as a result of Iraq's
unlawful invasion and occupation of Kuwait during
the year 1990. It is the case of the petitioner
that he had been working in Kuwait and he along
with his family was residing for a period of
about 17 years continuously at Kuwait. When the
Kuwait war took place, they escaped from there
with their lives alone. It is the case of the
petitioners that they suffered a lot and left
their entire savings, belongings and assets in
Kuwait. They submitted that their genuine claim
WP(C) Nos. 26408
& 26461 of 2011
in the prescribed form to the United Nations
compensation commission, which is constituted by
the United Nations Security Council, for
considering the individual claims for
damages/losses arising departure from Kuwait,
inability to leave Kuwait, hostage taking and
other illegal detention, damages arising from
personal injuries, personal property losses, loss
of income unpaid salaries and support during the
Iraq's unlawful invasion and occupation of
Kuwait. But there was no response to the
application from the authority concerned. It is
stated that, as per the communication from the
Registry of United Nations Security council and
Compensation Commission all communications by the
commission's secretariat regarding the status of
particular claims must take place through the
claimant's Government or any other authorised
international organisations that has filed
claims, rather than through the individual
claimants themselves. It is the case of the
WP(C) Nos. 26408
& 26461 of 2011
petitioners that they submitted representations
before the Ministry of State for external
affairs, Government of India by explaining all
the details. But no further action in the matter
was taken by the respondents and neglected the
genuine claim of the petitioner. It is also the
case of the petitioners that, similar cases have
been considered by this Court and as per Exts.P9
P10 judgments this Court directed the authorities
to consider their grievance based on the
observations in those judgments. Hence this writ
petition is filed with following prayers:
"I) Issue a writ of mandamus or any
other appropriate writ or order or direction
directing the respondents to take immediate and
appropriate actions to move before the United
Nation Compensation Commission, for getting
compensation to the petitioner and his family
as per the claim submitted by them, with
immediate effect.
II) Issue a writ of mandamus or any
other appropriate writ or order or direction
directing the respondents to take steps to
ensure that the claim of the petitioner is
considered by the United Nations Compensation
Commission and the same may be directed to be
disbursed to the petitioner with immediate
WP(C) Nos. 26408
& 26461 of 2011
effect.
III) To issue such other writ or order or
direction as this Honourable Court may deem fit
in the circumstances of the case."
3. The same is the contentions and prayers
in W.P.(C)No.26461 of 2011 also.
4. Heard the learned counsel for the
petitioners and the learned ASGI.
5. The learned counsel for the petitioners
reiterated his contentions in these writ
petitions. The learned counsel submitted that,
in the light of Exts.P9 and P10 judgments,
similar orders may be passed in their case also.
6. On the other hand, the learned ASGI
submitted that their claim was for 'A' category
claim. The learned ASGI submitted that a
statement is filed by the respondents. The
learned ASGI takes me through Paragraph 4 of the
statement filed on behalf of the respondents and
submitted that, now the United Nations
compensation Commission itself is wound up. The
learned ASGI also submitted that, no purpose will
WP(C) Nos. 26408
& 26461 of 2011
be served if any direction is issued at this
distance of time.
7. I considered the contentions of the
petitioners and the respondents. I don't want to
make any observation about the merit of the case.
I perused Exts.P9 and P10 judgments. In those
cases, the petitioners were directed to make a
representation before the Union of India and
there was a direction to consider the same in
accordance to law. Without expressing any
opinion on merit, I think there can be a
direction to the petitioners to submit a
representation before the 2nd respondent narrating
their grievance and the 2nd respondent will try to
do justice, if possible to the petitioners by
doing the needful in accordance to law.
Therefore, these writ petitions are disposed
in the following manner:
i) The petitioners are free to file a
representation narrating their grievance to the
2nd respondent within one month from the date of
WP(C) Nos. 26408
& 26461 of 2011
receipt of a copy of this judgment.
ii) If such a representation is received,
the 2nd respondent will consider the same and pass
appropriate orders in it, as expeditiously as
possible, at any rate, within five months from
the date of receipt of a copy of this judgment.
iii) While considering the representation,
the 2nd respondent will also consider Exts.P9 and
P10 judgments produced in W.P.(C)No.26408/2011
and the action taken based on those judgments.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) Nos. 26408
& 26461 of 2011
APPENDIX OF WP(C) 26461/2011
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTOCOPY OF THE UN
COMPENSATION CLAIM FORM ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER'S
HUSBAND.
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE COMMUNICATION
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER'S HUSBAND IN RESPECT TO THE
CLAIM SUBMITTED BY HIM.
EXHIBIT P3 THE TRUE PHOTOCOPY OF THE LETTER ISSUED
BY THE UNION BANK OF INDIA TO THE
PETITIONER'S HUSBAND.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE COMMUNICATION
ISSUED BY THE UNION BANK OF INDIA TO
THE PETITIONER'S HUSBAND.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE INDEMNITY
BOND EXECUTED BY THE PETITIONER'S
HUSBAND WITH THE UNION BANK OF INDIA.
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER'S HUSBAND BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE INTERIM ORDER
PASSED IN WPC NO.36034/2008 BY THIS
HONORABLE COURT.
EXHIBIT P8 THE TRUE PHOTOCOPY OF THE JUDGMENT
PASSED BY THIS HONORABLE COURT IN OP
NO.21850/2002.
EXHIBIT P9 A TRUE PHOTOCOPY OF THE JUDGMENT IN W.A
NO.2435/2009 PASSED BY THIS HONORABLE
COURT.
WP(C) Nos. 26408
& 26461 of 2011
EXHIBIT P10 A TRUE PHOTOCOPY OF THE RELEVANT PAGES
OF THE SAID BOOK LET RELATING TO THE
DETAILS OF CLAIMS IN ALL CATEGORIES
FROM A TO F.
WP(C) Nos. 26408
& 26461 of 2011
APPENDIX OF WP(C) 26408/2011
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE PHOTOCOPY OF THE PASSPORT
RECEIPT FOR THE EMPLOYEE FROM THE
PERSONAL DIRECTORATE, TECHNICAL
ASSISTANCE WING, WHICH IS COMING UNDER
MINISTRY OF ELECTRICITY AND WATER
EXHIBIT P1A ENGLISH TRANSLATION OF EXHIBIT P1
EXHIBIT P2 A TRUE PHOTOCOPY OF THE CIVIL CARD
ISSUED TO THE PETITIONER.
EXHIBIT P2A ENGLISH TRANSLATION OF EXHIBIT P2
EXHIBIT P3 THE TRUE PHOTOCOPY OF THE RESIDENCE
PERMIT ISSUED BY THE GENERAL
DIRECTORATE OF EMIGRANT AFFAIRS, STATE
OF KUWAIT
EXHIBIT P3A ENGLISH TRANSLATION OF EXHIBIT P3
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE WORK BADGE
ISSUED BY THE MINISTRY OF ELECTRICITY
AND WATER, STATE OF KUWAIT
EXHIBIT P4A ENGLISH TRANSLATION OF EXHIBIT P-4
EXHIBIT P5 A TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE
REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P7 A TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BEFORE THE UNITED NATIONS
COMPENSATION COMMISSION BY THE
PETITIONER.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE INTERIM ORDER
WP(C) Nos. 26408
& 26461 of 2011
PASSED IN WP(C0 NO. 36034/2008 BY THIS
HONOURABLE COURT.
EXHIBIT P9 THE TRUE PHOTOCOPY OF THE JUDGMENT
PASSED BY THIS HONOURABLE COURT IN O.P
NO 21850/2002
EXHIBIT P10 A TRUE PHOTOCOPY OF THE JUDGMENT IN W.A
NO. 2435/2009 PASSED BY THIS HONOURABLE
COURT.
EXHIBIT P11 A TRUE PHOTOCOPY OF THE RELEVANT PAGES
OF THE SAID BOOK LET RELATING TO THE
DETAILS OF CLAIMS IN ALL CATEGORIES
FROM A TO F
//TRUE COPY//
PA TO JUDGE
