Kerala High Court
Ajumi Badarudeen vs Union Of India on 23 August, 2023
WP(C) No.27274/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
WP(C) NO. 27274 OF 2023(H)
PETITIONERS:
1. AJUMI BADARUDEEN, AGED 31 YEARS, D/O. BADARUDEEN, HAVING PASSPORT
NO. R 3305060, RESIDING AT DARUL AMEEN, VETTIYATTIL HOUSE, PADOOR
P.O, THRISSUR - 680524, REPRESENTED BY POWER OF ATTORNEY MUMTHAS
BEEGAM.
2. ANZ BADARUDEEN, AGED 34 YEARS, S/O. BADARUDEEN, HAVING PASSPORT NO.
Z 4132334, RESIDING AT AJMY MANZIL, MUZHANGODI, THODIYOOR P.O,
KARUNAGAPPALLY P.O, KOLLAM - 690568, REPRESENTED BY POWER OF
ATTORNEY MUMTHAS BEEGAM.
3. MUMTHAS BEEGAM, AGED 60 YEARS, W/O. BADARUDEEN, HAVING PASSPORT NO.
R 9029658, RESIDING AT AJMY MANZIL, MUZHANGODI, THODIYOOR P.O,
KARUNAGAPPALLY P.O, KOLLAM - 690568.
4. SHAJINI SULAIMAN, AGED 55 YEARS, W/O. SULAIMAN, HAVING PASSPORT NO.
F 0678429, RESIDING AT VALIYAVILA VEEDU, KALLUMTHAZHAM P.O,
KILIKOLLOOR, KOLLAM - 691004.
5. ESAC MUHAMMED KUNJU, AGED 53 YEARS, S/O. MUHAMMED KUNJU, HAVING
PASSPORT NO. S 9853503, RESIDING AT KALEELIL VEEDU, MANAYIL
KULANGARA, THIRUMULLAKARAM, KOLLAM - 691012.
6. RAMEEZ ABDUL SALAM, AGED 28 YEARS, S/O. ABDUL SALAM, HAVING PASSPORT
NO. U 2350274, RESIDING AT KODIYIL VEEDU, PALLISSERICKAL,
SASTHAMCOTTA P.O, KOLLAM - 690521.
7. HAMEED KUNHI, AGED 61 YEARS, S/O. KOCHU KUNHU, HAVING PASSPORT NO. P
7146053, RESIDING AT KODIYIL HOUSE, PALLISSERICKAL, SASTHAMCOTTA
P.O, KOLLAM - 690521.
8. SHAINI ABDUL LATHEEF, AGED 47 YEARS, W/O. ABDUL LATHEEF, HAVING
PASSPORT NO. M 0938034, RESIDING AT KODIYIL, TC 3/2263, NO. 24,
RAJALEKSHMI NAGAR, PATTOM, THIRUVANANTHAPURAM - 695004.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI - 110001.
2. BUREAU OF IMMIGRATION, EAST BLOCK-VIII, LEVEL-V, SECTOR-1, R.K.
PURAM, NEW DELHI-110066 REPRESENTED BY ITS COMMISSIONER.
3. UCO BANK, KOLLAM BRANCH, KHAISE BUILDING, BEACH ROAD, KOLLAM,
REPRESENTED BY ITS CHIEF MANAGER, PIN - 691001
4. THE CHAIRMAN AND MANAGING DIRECTOR, UCO BANK, BTM SARANI, KOLKATA -
700001.
5. THE EMIGRATION OFFICER, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT,
AIRPORT ROAD, CHAKAI, THIRUVANANTHAPURAM - 695013.
6. THE EMIGRATION OFFICER, COCHIN INTERNATIONAL AIRPORT, AIRPORT ROAD,
KOCHI - 683111.
7. THE EMIGRATION OFFICER, CALICUT INTERNATIONAL AIRPORT, CALICUT
AIRPORT P.O, CALICUT AIRPORT RD, KARIPUR, MALAPPURAM - 673647.
WP(C) No.27274/2023 2/3
8. THE EMIGRATION OFFICER, KANNUR INTERNATIONAL AIRPORT, AIRPORT ROAD,
MATTANNUR, KANNUR - 670702.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay LOC's issued against the Petitioners, provisionally
permitting the Petitioners to travel abroad pending disposal of the above
Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. M.S.AMAL DHARSAN & NOEL JACOB, Advocates for the petitioners, DEPUTY
SOLICITOR GENERAL OF INDIA for R1, R2, R5, R6, R7 & R8 and of STANDING
COUNSEL for R3 & R4, the court passed the following:
ORDER
Admit.
The learned DSGI takes notice for R1, R2, R5, R6, R7 & R8. The
Standing Counsel takes notice for R3 & R4.
After going through para. No.11 of the Ext.P5 Judgment, I think the
petitioner make out a prima facie case.
Therefore, the petitioners are permitted to travel abroad for a
period of six months, pending disposal of this Writ Petition.
Respondents No.3 and 4 will issue necessary intimation to
respondents 2 and 5 to 8.
Sd/- P.V.KUNHIKRISHNAN, JUDGE
23-08-2023 /True Copy/ Assistant Registrar
WP(C) No.27274/2023 3/3
APPENDIX OF WP(C) 27274/2023
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 31/08/2022 IN WPC 15649
& 18168 OF 2022 OF THIS HON'BLE COURT
