Pramod A.V vs The Union Of India
2023 Latest Caselaw 4958 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                       WP(C) NO. 13359 OF 2023
PETITIONERS:

    1     PRAMOD A.V.
          AGED 33 YEARS
          S/O. VIJAYAN,
          RESIDING AT AKKODAPPILLY HOUSE,
          ALOOR PO, KALLETTINKARA,
          THRISSUR,
          PIN - 680683

    2     CHALS CHARLEY
          AGED 30 YEARS
          S/O. CHARLEY T.M.,
          THERIPARAMBIL HOUSE,
          KORATTY, THRISSUR,
          PIN - 680309

          BY ADV. PAUL P. ABRAHAM


RESPONDENTS:

    1     THE UNION OF INDIA
          REPRESENTED BY ITS SECRETARY,
          MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK,
          NEW DELHI,
          PIN - 110001

    2     THE PROTECTOR GENERAL OF EMIGRANTS
          OFFICE OF THE PROTECTOR GENERAL OF EMIGRANTS,
          AKBAR BHAVAN,
          SATHYAMARG,
          CHANAKYAPURI,
          NEW DELHI,
          PIN - 110021

    3     THE PROTECTOR OF EMIGRANTS
          MINISTRY OF EXTERNAL AFFAIRS,
          GOVERNMENT OF INDIA,
          GROUND FLOOR,
          REGIONAL PASSPORT OFFICE,
          PANAMPILLY NAGAR,
          COCHIN,
          PIN - 682036
 WP(C) NO. 13359 OF 2023


                                  -2-


     4     M/S. SKYLINK INTERNATIONAL
           DOOR NO.55/346,
           1ST FLOOR,
           VENUS CHAMBERS,
           KANNAMTHODATHU LANE,
           VALANJAMBALAM
           REPRESENTED BY: BAIJU Y.P,.,
           AGED 52 YEARS,
           S/O LATE PAVITHRAN,
           PROPRIETOR,
           M/S.SKYLINK INTERNATIONAL DOOR,
           NO.55/346, 1STFLOOR,
           VENUS CHAMBERS,
           KANNAMTHODATHU LANE,
           VALANJAMBALAM,
           ERNAKULAM,
           PIN - 602016



           R1 TO R3 BY    SRI. S. MANU, DSGI


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.04.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13359 OF 2023


                                         -3-

                                JUDGMENT

This writ petition is filed by the petitioners seeking the following

reliefs:-

"1) Issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd and 3rd respondents to act on the Exhibit P1 and P2 complaints and release the money due to the petitioners from the bank guarantee/deposit of the 4th respondent as expeditiously as possible at any rate by a time fixed by this Honourable Court.

2) Grant such other and further reliefs this Honourable Court may deem fit and proper in the facts and circumstances of the case.

3) Dispense with the filing of the translation of vernacular documents."

2. The sum and substance of the contention advanced by the

petitioners in this writ petition is that, petitioners have made certain

payments to the 4th respondent, namely, M/s Skylink International,

Ernakulam, for securing overseas employment. The grievance of the

petitioners is that, petitioners were cheated by the 4 th respondent and

in order to take action, petitioners have submitted Exts.P1 and P2

complaints before the Protector General of Emigrants, New Delhi - WP(C) NO. 13359 OF 2023

the 2nd respondent. Case of the petitioners is that no action is taken by

the 2nd respondent, which persuaded the petitioners to file this writ

petition.

3. I have heard the learned Counsel for the petitioners, Sri. Paul

P.Abraham, and learned DSGI, Sri. S.Manu, appearing for the

Government of India and its officials, and perused the pleadings and

material on record.

4. Learned Counsel for the petitioners submitted that it would

suffice if a direction is issued to finalise Exts.P1 and P2 complaints by

the 2nd respondent.

5. In that view of the matter, there will be a direction to the 2 nd

respondent to finalise Exts.P1 and P2 complaints, at the earliest, and

at any rate, within a month from the date of receipt of a copy of this

judgment.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

DCS/13.04.2023 WP(C) NO. 13359 OF 2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 11.02.2022 FROM THE 1ST PETITIONER TO THE 3RD RESPONDENT VIA EMAIL

EXHIBIT P1(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED VIA EMAIL TO 1ST PETITIONER

EXHIBIT P2 TRUE COPY OF THE COMPLAINT 10.02.2022 FROM THE 2NDPETITIONER TO THE 3RDRESPONDENT

EXHIBIT P2(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED VIA EMAIL TO 2ND PETITIONER