Kerala High Court
Jineesh Kattampilli John vs Union Of India on 11 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13665 OF 2024
PETITIONER:
JINEESH KATTAMPILLI JOHN,
AGED 34 YEARS,
S/O JOHN KATTAMPILLI, KATTAMPILLI HOUSE KUPPADI P.O.,
SULTHAN BATHERY, WAYANAD DISTRICT, KERALA STATE,
PIN - 673592.
BY ADVS.
R.LAIJU
SARUN RAJAN
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE FOREIGN SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, E BLOCK, CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110 001.
2 M/S VFS GLOBAL SERVICES PRIVATE LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE
AT 3RD FLOOR, URMI AXIS BUILDING, BEHIND FAMOUS STUDIO,
MAHALAXMI (WEST), MUMBAI, MAHARASHTRA, PIN - 400 011.
SRI. T C KRISHNA (SR. PANEL COUNSEL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13665 OF 2024
2
JUDGMENT
The petitioner has approached this Court being aggrieved
by the fact that the petitioner is unable to obtain a suitable slot
for personal interview for issuance of work visa to work in the
Republic of Poland despite the fact that he had obtained an
employment offer from a company in Poland. It is the case of the
petitioner that the issuance of visa is entrusted to the 2 nd
respondent, which is a Private Limited Company and owing to
mismanagement and purposeful delay at the hands of the 2 nd
respondent, the petitioner is unable to obtain a timely slot for
consideration of his application for work visa. The petitioner has
submitted Ext.P3 representation to the 1st respondent projecting
his grievances.
2. Sri.T.C.Krishna, the learned Senior Panel counsel
appearing for the 1st respondent would point out that the 1 st
respondent has absolutely no role in the matter and no writ can
be issued to the 2nd respondent as the 2nd respondent is a Private
Limited Company engaged by the Republic of Poland for
processing visa applications. It is submitted that the 1 st
respondent has no role whatsoever in the processing of visa by
WP(C) NO. 13665 OF 2024
the 2nd respondent and it is not in a position to interfere in the
matter on behalf of the petitioner.
3. Having heard the learned counsel for the petitioner
and the learned Senior Panel Counsel appearing for the 1 st
respondent, I am of the view that there is considerable merit in
the submission made by the learned Counsel appearing for the
1st respondent. Even on the petitioner's own showing the visa
services for the Republic of Poland is managed by the 2 nd
respondent, which is a Private Limited Company. The 1 st
respondent cannot have any role whatsoever and it is not in a
position to intervene in the matter on behalf of the petitioner.
However, in the peculiar facts and circumstances of the case, I
direct the 1st respondent to take a decision on Ext.P3
representation submitted by the petitioner and utilize its good
offices to see if the problem of the petitioner can be solved in any
manner. I make it clear that this is not a direction to the 1 st
respondent that it must intervene in the matter on behalf of the
petitioner and it is only a direction to consider whether its good
offices can be utilized for the purposes of redressing the
grievance of the petitioner. The 1 st respondent shall endeavor to
do the needful, within a period of one month from the date of
WP(C) NO. 13665 OF 2024
receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 13665 OF 2024
APPENDIX OF WP(C) 13665/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK PERMIT, DATED
27.02.2023 ISSUED BY PROGRESS
ADVANCED SOLUTIONS AT POLAND TO THE
PETITIONER
Exhibit P2 A TRUE COPY OF THE SCREEN SHOT OF THE
APPOINTMENT BOOKING PORTAL OF THE 3RD
RESPONDENT SHOWING THE MESSAGE NO
APPOINTMENT SLOTS ARE AVAILABLE IN
ANY CENTERS FOR YOUR SELECTED SUB-
CATEGORY"
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
20.03.2024 SUBMITTED BEFORE THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
20.03.2024 SUBMITTED BEFORE THE
CONSULATE GENERAL OF THE REPUBLIC OF
POLAND
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
20.03.2024 SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF
THE VIENNA CONVENTION ON CONSULAR
RELATIONS, 1963
