Naif Bin Nasar vs Union Of India
2022 Latest Caselaw 8603 Ker

               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

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

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