Usman Theruvath Kunhumon vs Union Of India
2023 Latest Caselaw 4575 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

                    RP NO. 393 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 5849/2023 OF HIGH COURT OF
                          KERALA

REVIEW PETITIONER/S:

           USMAN THERUVATH KUNHUMON
           AGED 45 YEARS
           S/O. KUNHUMON, PULIKKAL HOUSE,V/326,
           CHAVAKKAD, KADAPURAM P.O, THRISSUR DISTRICT,
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
           BASHEER, AGED 50 YEARS, S/O. KUNHIMUHAMMED,
           THERUVATH HOUSE, BABY ROAD, THIRUVATHRA P.O,
           CHAVAKKAD THRISSUR DISTRICT, PIN - 680514

           BY ADV MAHESH V.MENON

RESPONDENT/S:

    1      UNION OF INDIA, NEW DELHI,
           REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
           MINISTRY OF EXTERNAL AFFAIRS,
           NEW DELHI, PIN - 110001

    2      EMBASSY OF INDIA, KUWAIT
           DIPLOMATIC ENCLAVE, ARABIAN GULF STREET,
           P.O. BOX 1450, SAFAT-13015, KUWAIT,
           REPRESENTED BY FIRST SECRETARY,
           CONSULAR, PIN - 400005

    3      THE REGIONAL PASSPORT OFFICER
           PASSPORT OFFICE, COCHIN,
           ERNAKULAM, PIN - 682036

           SRI S MANU DSGI


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP NO. 393 OF 2023

                                       2



                                JUDGMENT

This Review Petition is filed seeking to review the judgment dated

03.03.2023 in W.P.(C.) No. 5849/2023.

2. While disposing of the writ petition, this Court directed the

petitioner to approach the 2nd respondent and file an application for

issuance of an emergency certificate to enable him to come back to India.

Direction was also issued to the 2nd respondent to consider the

application in accordance with law and issue the certificate

notwithstanding the pendency of the crime.

3. In this review petition, the petitioner contends that the

issuance of emergency certificate to the petitioner may lead to a situation

wherein the petitioner may not be in a position to re-enter Kuwait.

According to the learned counsel, if directions are issued to the

respondents to consider the request for a short-validity passport, it would

serve the purpose.

4. The learned DSGI admits that issuance of short validity

passports would smoothen the process of exit through the normal channel

and re-entry to Kuwait without the requirement of a fresh Visa. RP NO. 393 OF 2023

In that view of the matter, this review petition will stand allowed to

the limited extent of directing the writ petitioner petitioner to approach

the 2nd respondent and file a request for issuance of a Short Validity

Passport. If such a request is made, the 2nd respondent shall consider the

same and take appropriate decision within a period of two weeks from the

date of filing of the application. The petitioner, after returning back to

India, may file a fresh application for renewal after obtaining appropriate

sanction from the jurisdictional court.

This review petition is allowed to the above extent.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

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