Kerala High Court

Moideen Kutty M vs Union Of India, Represented By ... on 19 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan, K. Babu

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
                               &
              THE HONOURABLE MR.JUSTICE K. BABU
   FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                      WA NO. 587 OF 2024
AGAINST WP(C) NO.10782 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:
     1    MOIDEEN KUTTY M.
          AGED 71 YEARS
          S/O. MOOSA, MADAMPADAN HOUSE, PALATHINGAL, ULLANAM
          P.O., MALAPPURAM DISTRICT (PILGRIMS COVER NO.KLR-
          6848-2-0), PIN - 676303

    2     FATHIMA V.
          AGED 56 YEARS
          W/O. MOIDEEN KUTTY M., MADAMPADAN HOUSE,
          PALATHINGAL, ULLANAM P.O., MALAPPURAM DISTRICT
          (PILGRIMS COVER NO.KLR-6848-2-0), PIN - 676303

    3     MOHAMMED N.V.P.
          AGED 68 YEARS
          S/O.BEERANKUTTY, NHARAKKATTU VALIYA PEEDIYEKKAL
          HOUSE, P.O.CHERAMANGALAM, PALAPPANANGADI,
          MALAPPALAM DISTRICT, (PILGRIMS COVER NO.KLF-5625-2-
          0), PIN - 676303

    4     FATHIMA CHELAT
          AGED 65 YEARS
          W/O.MOHAMMED NVP, NHARAKKATTU VALIYA PEEDIYEKKAL
          HOUSE, P.O.CHIRAMANGALAM, PARAPPANANGADI,
          MALAPPURAM DISTRICT (PILGRIMS COVER NO.KLF-5625-2-
          0), PIN - 676303

    5     SHAJAHAN V.P.
          AGED 45 YEARS
          S/O.HASSAN HAJI, SHAREEFA MANZIL, P.O.ULLANAM NORTH
          (PILGRIMS COVER NO.KLF 6666-2-0.), PIN - 676303

    6     KADEEJA JASNA O.P.
          AGED 39 YEARS
 W.A. Nos.587 & 598 of 2024

                             -:2:-


          W/O.SHAJAHAN V.P., SHAREEFA MANZIL, P.O.ULLANAM
          NORTH (PILGRIMS COVER NO.KLF 6666-2-0.), PIN -
          676303

    7     FATHIMATHU ZUHARA K.T.
          AGED 54 YEARS
          PALATHINGAL, ULLANAM P.O., MALAPPURAM DISTRICT
          (PILGRIMS COVER NO.8631-2-0), PIN - 676303

          BY ADVS.
          K.K.SAIDALAVI
          K.K.NASRUL HAQUE


RESPONDENTS/RESPONDENTS:
    1     UNION OF INDIA, REPRESENTED BY SECRETARY,
          MINISTRY OF MINORITY AFFAIRS, HAJ DIVISION,
          CENTRAL SECRETARIAT, NEW DELHI, PIN - 111001

    2     THE CHIEF EXECUTIVE OFFICER, HAJ COMMITTEE OF
          INDIA,
          7-A, MRA MARG, MUMBAI, PIN - 400001

    3     THE SECRETARY, MINISTRY OF CIVIL AVIATION,
          RAJIV GANDHI BHAVAN, BLOCK -B, JORBAGH, SAFDARJUNG
          AIRPORT AREA, NEW DELHI, PIN - 110001

    4     THE SECRETARY/DISTRICT COLLECTOR,
          KERALA STATE HAJ COMMITTEE, HAJ HOUSE, KARIPOOR,
          MALAPPURAM, PIN - 673638


OTHER PRESENT:
          SRI.T.C.KRISHNA, SR.PANEL COUNSEL,
          SRI.B.S.SYAMANTAK, GP


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A. Nos.587 & 598 of 2024

                             -:3:-


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
                                &
               THE HONOURABLE MR.JUSTICE K. BABU
  FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                       WA NO. 598 OF 2024
AGAINST WP(C) NO.11007 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:

    1     ABDUL RAHMAN P.O.
          AGED 61 YEARS
          S/O.UNNEENKUTTY PUTHIYA OTTAYIL HOUSE, PALLIPPADI,
          P.O. PANTHARANGADI MALAPPURAM, (PILGRIMS COVER
          NO.KLF 4765-2-0), PIN - 676306

    2     AYISHUMMA P.O.
          AGED 49 YEARS
          W/O.ABDUL RAHMAN PUTHIYA OTTAYIL HOUSE,
          PALLIPPADI, P.O. PANTHARANGADI MALAPPURAM,
          (PILGRIMS COVER NO.KLF 4765-2-0), PIN - 676306

    3     HUSAIN ALANGODEN
          AGED 61 YEARS
          S/O. MOIDEENKUTTY HAJI, ALENGODAN HOUSE, P.O.
          KURUKA, PERUMANNA (PILGRIMS COVER NO. KLF 360-2-
          0), PIN - 676303

    4     SAFIYA ATTUPURATH
          AGED 49 YEARS
          W/O.HUSAIN ALANGODEN ALENGODAN HOUSE, P.O. KURUKA,
          PERUMANNA, MALAPPURAM, (PILGRIMS COVER NO. KLF
          360-2-0), PIN - 676303

    5     IBRAHIM KUNNATH
          AGED 59 YEARS
          S/O. MOHAMMED MUSLIAR HAJI KUNNATH HOUSE, P.O.
 W.A. Nos.587 & 598 of 2024

                              -:4:-


          PARAPPANANGADI, MALAPPURAM, (PILGRIM COVER NO. KLF
          1240-2-0), PIN - 676303

    6     MARIYAMU K.
          AGED 50 YEARS
          W/O.IBRAHIM KUNNATH KUNNATH HOUSE, P.O.
          PARAPPANANGADI, MALAPPURAM, (PILGRIM COVER NO. KLF
          1240-2-0), PIN - 676303

    7     MOIDEENKUTTY PILLAT
          AGED 61 YEARS
          S/O.MOHAMMEDKUTTY, PILLAT HOUSE, VELLIYAMPURAM
          P.O., THEYYALINGAL, MALAPPURAM, (PILGRIMS COVER
          NO. KLF 5454-2-0), PIN - 676320

    8     KADEEJA M.
          AGED 52 YEARS
          W/O MOIDEENKUTTY PILLAT, PILLAT HOUSE,
          VELLIYAMPURAM, P.O. THEYYALINGAL, MALAPPURAM,
          (PILGRIMS COVER NO. KLF 5454-2-0), PIN - 676320

    9     MUSTHAFA P.
          AGED 58 YEARS
          S/O.MARAKKAR HAJI POTHUVATH HOUSE, PERUMANNA,
          VALAKKULAM P.O., MALAPPURAM, (PILGRIMS COVER NO.
          KLF 1917-2-0), PIN - 676508

    10    FATHIMA POOZHITHARA
          AGED 55 YEARS
          W/O.MUSTHAFA P., POTHUVATH HOUSE, PERUMANNA,
          VALAKKULAM P.O., MALAPPURAM, (PILGRIMS COVER NO.
          KLF 1917-2-0), PIN - 676508

    11    ASHIQ THALAPPIL
          AGED 27 YEARS
          S/O.ASHRAF THALAPPIL, THALAPPIL HOUSE, CHERUMUKKU,
          P.O., NANNAMBRA, MALAPPURAM (PILGRIMS COVER NO.
          KLF 9262-1-0), PIN - 676306

    12    SIDHEEK THALAPPIL
          AGED 60 YEARS
 W.A. Nos.587 & 598 of 2024

                             -:5:-


          S/O.SOOPPY, THALAPPIL HOUSE, CHERUMUKKU P.O.,
          NANNAMBRA, MALAPPURAM, (PILGRIMS COVER NO. KLF -
          7474-2-0), PIN - 676306

    13    SAMEENA THALAPPIL
          AGED 55 YEARS
          D/O. SIDHEEK THALAPPIL, THALAPPIL HOUSE,
          CHERUMUKKU P.O., NANNAMBRA, MALAPPURAM, (PILGRIMS
          COVER NO. KLF - 7474-2-0), PIN - 676306

    14    ASHRAF PANANCHERI
          AGED 50 YEARS
          S/O.MOIDEENKUTTY, PANANCHERI HOUSE, PANTHARANGADI
          P.O., THIRURANGADI, MALAPPURAM, (PILGRIMS COVER
          NO. KLF - 5587-3-0), PIN - 676306

    15    NASHEEDA K.
          AGED 45 YEARS
          W/O. ASHRAF PANANCHERI, PANANCHERI HOUSE,
          PANDHARANGADI P.O., THIRURANGADI, MALAPPURAM,
          (PILGRIMS COVER NO. KLF - 5587-3-0), PIN - 676306

    16    AMINA
          AGED 57 YEARS
          W/O.ABDUL SALAM (LATE), ANITHARA, PANTHARANGADI
          P.O., THIRURANGADI, MALAPPURAM, (PILGRIMS COVER
          NO. KLF - 5587-3-0), PIN - 676306

    17    KUNHIMOL CHEERANGAN
          AGED 60 YEARS
          W/O. HAMSA (LATE), CHEERANGAN HOUSE, OTTUMMAL,
          PARAPPANANGADI, MALAPPURAM, (PILGRIMS COVER NO.
          KLWM-6441-1-0), PIN - 676303

    18    NOORJAHAN
          AGED 57 YEARS
          W/O.MOHAMMED THALAPPIL, THALAPPIL HOUSE, THENNALA
          P.O., MALAPPURAM, (PILGRIMS COVER NO. KLWM-9080-1-
          0), PIN - 676508

    19    FATHIMA P.V.
 W.A. Nos.587 & 598 of 2024

                             -:6:-


          AGED 60 YEARS
          W/O.KUNHIMOHAMMED (LATE), KOTTAYIL HOUSE,
          P.O.ULLANAM NORTH, MALAPPURAM, (PILGRIMS COVER NO.
          KLWM-5780-1-0), PIN - 675303

          BY ADVS.
          K.K.SAIDALAVI
          K.K.NASRUL HAQUE



RESPONDENTS/RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF MINORITY
          AFFAIRS, HAJ DIVISION, CENTRAL SECRETARIAT, NEW
          DELHI, PIN - 111001

    2     THE CHIEF EXECUTIVE OFFICER, HAJ COMMITTEE OF
          INDIA
          7-A, MRA MARG, MUMBAI, PIN - 400001

    3     THE SECRETARY, MINISTRY OF CIVIL AVIATION
          RAJIV GANDHI BHAVAN, BLOCK -B, JORBAGH, SAFDARJUNG
          AIRPORT AREA, NEW DELHI, PIN - 110001

    4     THE SECRETARY/DISTRICT COLLECTOR
          KERALA STATE HAJ COMMITTEE, HAJ HOUSE, KARIPOOR,
          MALAPPURAM DISTRICT, PIN - 673638


OTHER PRESENT:
          SRI.T.C.KRISHNA, SR.PANEL COUNSEL,
          SMT.VIDYA KURIAKOSE, GP


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A. Nos.587 & 598 of 2024

                                -:7:-




       P.V.KUNHIKRISHNAN & K. BABU, JJ.
              ---------------------------------------
                W.ANos. 587 & 598 of 2024
               --------------------------------------
           Dated this the 19th day of April, 2024


                   COMMON JUDGMENT

P.V.Kunhikrishnan, J.

These two writ appeals are filed challenging the

common judgment dated 19.03.2024 in W.P.(C)

No.10782/2024 and in W.P.(C)No.11007/2024. The writ

petitions are filed mainly for a declaration and consequential

relief to the effect that the petitioners are entitled to get

change their Embarkation Point from Calicut to Cochin,

since, airfare fixed from Calicut is highly exorbitant and

disproportionate. The petitioners in these cases are stated to

have applied and selected for the hajj pilgrimage in 2024 and

they concedes that they had chosen their Embarkation Point

for travel as Calicut. However, they understood that, the W.A. Nos.587 & 598 of 2024

charges of the airline operating from Calicut is much higher

than that which is operating from Cochin and therefore,

they are now entitled to have their Embarkation Point at

Cochin, so as to save this unnecessary expenditure. It is

submitted that, they have preferred representation before

the competent authority for this purpose, but they have not

been considered. Hence these writ petitions were filed.

2. Heard counsel for the appellants and the Central

Government Counsel, Adv.T.C.Krishna.

3. Learned Single Judge considered the matter in detail

after hearing the Central Government Counsel also. The learned

Single Judge dismissed the writ petition, stating that, since the

petitioners had chosen Calicut as their Embarkation Point and

also admit that they have approached this Court only because

they found subsequently that there is some difference in the

airfare, this Court cannot interfere to change the Embarkation

Point. The learned Single Judge also found that, the matters

of contractual realm between the petitioners and the

Central Government of India on one hand W.A. Nos.587 & 598 of 2024

and between the Government of India and the Government of

Saudi Arabia on the other hand, this Court cannot interfere.

We see no reason to interfere with the above finding. It will

be better to extract the relevant portion of the judgment of

the learned Single Judge. :-

"4. I am afraid that I cannot find favour with the prayers in these writ petitions because, as rightly argued by Sri. Suvin R.Menon, Hajj travel is one that is designed on certain very specific criteria between two countries. The quota for travel is fixed by Saudi Arabia, which is equitably distributed by India, through the various mechanisms put in place; and every traveller is given the opportunity to choose their Embarkation Point, based on which, contracts/treaties are then signed, taking care of travel and accommodation details.

5. In the case at hand, the petitioners unreservedly admit that they had chosen Calicut as their Embarkation Point and also admit that they have approached this Court only because they found subsequently, that there is some difference in the airfare.

W.A. Nos.587 & 598 of 2024

6. I am afraid that this reason alone cannot persuade this Court to find in favour of the petitioners because, these are all matters in the contractual realm between the petitioners and the Government of India on one hand; and between the Government of India and the Government of Saudi Arabia on the other. Obviously, any interference by this Court at this stage would be deleterious.

7. In the afore circumstances, I have no doubt that this Court cannot come to the aid of the petitioners qua the prayers sought for in these writ petitions; however, they have the liberty to approach the Government of India or its competent Authorities, seeking to reduce the airfare or for such other relief.

Resultantly, I close this writ petition; without acceding to any of the prayers sought for; however, leaving liberty to the petitioners to move the Government of India or such other Authorities, seeking reduction of the airfare from Calicut; but clarifying that this Court has not spoken in their favour in any manner whatsoever and that it is for the competent Authority to decide it in terms of law, as warranted. "