Sreekumar Nair Chandrasekharan vs Union Of India
2024 Latest Caselaw 4509 Ker

Kerala High Court

Sreekumar Nair Chandrasekharan vs Union Of India on 6 February, 2024

Author: V.G.Arun

Bench: V.G.Arun

W.A.No.106 of 2023                    1


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

                                      &

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

      TUESDAY, THE 6TH DAY OF FEBRUARY      2024 / 17TH MAGHA, 1945

                             WA NO. 106 OF 2023

   AGAINST THE ORDER/JUDGMENT WP(C) 18048/2021 OF HIGH COURT OF
                              KERALA
APPELLANT:

               SREEKUMAR NAIR CHANDRASEKHARAN
               AGED 57 YEARS
               S/O. LATE. CHANDRASEKHARAN NAIR, NOW RESIDING AT
               MANGAF BLOCK 4, STREET 17, BUILDING 52, FLOOR 5/25
               KUWAIT, PIN : 64020   REPRESENTED BY AUTHORIZED AGENT,
               SMT. VASSAMMA, AGED 78 YEARS, W/O. LATE.
               CHANDRASEKHARAN NAIR, LAKSHMI KRUPA, THACHOTTTUCAVU,
               SREEDHERJI ROAD, MALAYANKEEZHU, PEYAD P.O.,
               THIRUVANANTHAPURAM, PIN - 695573

               BY ADVS.
               S.AJITHA KUMARI
               SYAM KUMAR A.G.(K/3123/1999)
               GOURI NAIR(K/2742/2022)
               KRIPA ANNS ABRAHAM(K/2833/2022)


RESPONDENTS:

      1        UNION OF INDIA
               REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
               AFFAIRS,SHSSTRI BHAWAN, DR.RAJENDRA PRASAD ROAD, NEW
               DELHI, PIN - 110001

      2        MINISTRY OF EXTERNAL AFFAIRS
               REPRESENTED BY ITS SECRETARY, SHSSTRI BHAWAN,
               DR.RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001

               BY ADV I.SHEELA DEVI

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.106 of 2023                     2




                              A. J. Desai, C.J.
                                        &
                               V.G. Arun, J.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                            W.A.No.106 of 2023
                  ---------------------------------------------
                Dated this the 6th day of February 2024


                                 JUDGMENT

A.J. Desai, C.J.

Having gone through the materials on record and impugned

judgment, we dispose of the writ appeal without interfering with the

judgment of the learned Single Judge.

However, it is made clear that if the appellant approaches the

Embassy of India, Kuwait, all permissible help shall be extended to him.

Sd/-

A. J. Desai Chief Justice

Sd/-

V.G. Arun Judge dpk

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF REPRESENTATION DATED 28-02-2022

Annexure A2 TRUE COPY REPLY DATED 30-03-2022

Annexure A3 TRUE COPY OF MEDICAL REPORT DATED 20-01-2016 AND 07-02-2016

memo receipt

Annexure 5 TRUE COPY OF THE RENT RECEIPT IN ARABIC AND ITS TRANSLATION

Annexure 6 TRUE COPY OF THE SALARY CERTIFICATE DATED 13-12- 2021 AND 17-08-2017OF THE WIFE OF MY SON

Annexure 7 TRUE COPY OF THE LOAN STATEMENT OF THE WIFE OF MY SON

RESPONDENT EXHIBITS

Exhibit-R1 True copy of the official written communication

(a) dated 15.02.2022 issued by the Ministry of Foreign Affairs of the State of Kuwait.

Exhibit-R1 True copy of the application for seeking financial

(b) assistance from ICWF dated 28.02.2022 submitted by the appellant to the Embassy.

Exhibit-R1 True copy of the communication dated 06.08.2023

(c) issued by the Attorney of Law Mr.Mohammed Ali Helal Al Enezi to Embassy of India, Kuwait.