Kerala High Court
Shijith Kozhiparambil Kunhi ... vs Union Of India, Represented By Its ... on 3 October, 2024
2024:KER:74023
RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
RP NO. 820 OF 2024
AGAINST THE ORDER DATED 27.06.2024 IN WP(C) NO.2505 OF 2023 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
SHIJITH KOZHIPARAMBIL KUNHI VELAYUDHAN
AGED 44 YEARS
S/O. KUNHI VELAYUDHAN, KOZHIPARAMBIL HOUSE, KAIPPAMANGALAM
P.O., THRISSUR DISTRICT., PIN - 680681
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
ROSHIN MARIAM JACOB
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY
MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, SOUTH
BLOCK, NEW DELHI, PIN - 110011
2 AUTHORISED OFFICER AND DEPUTY DIRECTOR
DIRECTORATE OF ENFORCEMENT, CHENNAI ZONE, 2ND& 3RD FLOOR, C-
BLOCK, MURUGESANAICKER OFFICE COMPLEX, NO. 84, GREAMS ROAD,
THOUSAND LIGHTS, CHENNAI, PIN - 600006
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RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
2
3 ASSISTANT DIRECTOR
DIRECTORATE OF ENFORCEMENT, CHENNAI ZONE, 2ND & 3RD FLOOR,
C-BLOCK, MURUGESANAICKER OFFICE COMPLEX, NO. 84, GREAMS
ROAD, THOUSAND LIGHTS, CHENNAI,, PIN - 600006
4 PROTECTOR OF EMIGRANTS,KOCHI
OFFICE OF THE PROTECTOR OF EMIGRANTS, KOCHI, REGIONAL
PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI, KERALA , EMAIL:-
POECOCHIN@MEA.GOV.IN, PIN - 682036
5 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., KOCHI, PIN
- 682036
6 BUREAU OF IMMIGRATION
REPRESENTED BY COMMISSIONER (IMMIGRATION), EAST BLOCK-VIII,
LEVEL-V, SECTOR-1, R.K PURAM, NEW DELHI, PIN - 110066
7 FOREIGNERS REGIONAL REGISTRATION OFFICER
OFFICE OF FOREIGNERS REGIONAL REGISTRATION OFFICE, AIRLINES
BUILDING, CIAL NEDUMBASSERY, COCHIN AIRPORT P.O, KOCHI, PIN
- 683111
OTHER PRESENT:
SRI.JAISHANKAR V NAIR-SC,ED
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03.10.2024,
ALONG WITH WP(C).2505/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:74023
RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 2505 OF 2023
PETITIONER/S:
SHIJITH KOZHIPARAMBIL KUNHI VELAYUDHAN,
AGED 43 YEARS
S/O.KUNHI VELAYUDHAN, KOZHIPARAMBIL HOUSE, KAIPPAMANGALAM
P.O., THRISSUR DISTRICT, PIN - 680681
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, SOUTH
BLOCK, NEW DELHI, PIN - 110011
2 AUTHORISED OFFICER AND DEPUTY DIRECTOR,
DIRECTORATE OF ENFORCEMENT, CHENNAI ZONE, 2ND& 3RD FLOOR, C-
BLOCK, MURUGESA NAICKER OFFICE COMPLEX, NO. 84, GREAMS ROAD,
THOUSAND LIGHTS, CHENNAI, PIN - 600006
3 ASSISTANT DIRECTOR,
DIRECTORATE OF ENFORCEMENT, CHENNAI ZONE, 2ND & 3RD FLOOR,
C-BLOCK, MURUGESA NAICKER OFFICE COMPLEX, NO. 84, GREAMS
2024:KER:74023
RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
4
ROAD, THOUSAND LIGHTS, CHENNAI, PIN - 600006
4 PROTECTOR OF EMIGRANTS,
KOCHI, OFFICE OF THE PROTECTOR OF EMIGRANTS, KOCHI, REGIONAL
PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI, KERALA, PIN -
682036
5 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., KOCHI-
682036., PIN - 682036
ADDL.R6 BUREAU OF IMMIGRATION
REPRESENTED BY COMMISSIONER (IMMIGRATION), EAST BLOCK-VIII,
LEVEL-V, SECTOR-1, R.K PURAM, NEW DELHI, PIN - 110066
ADDL.R7 FOREIGNERS REGIONAL REGISTRATON OFFICER,
OFFICE OF FOREIGNERS REGIONAL REGISTRATION OFFICE, AIRLINES
BUILDING, CIAL NEDUMBASSERY, COCHIN AIRPORT P.O, KOCHI, PIN
- 683111
(ADDL R6 & R7 IMPLEADED AS PER ORDER DATED 04-04-2024 IN IA
4/24 IN WPC 2505/2023)
BY ADVS.
JAISHANKAR V.NAIR, SC, ENFORCEMENT DIRECTORATE
KRISHNA T C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.10.2024,
ALONG WITH RP.820/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:74023
RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
5
JUDGMENT
[RP No.820/2024 & W.P.(C)No.2505/2023]
1. The writ petition is filed seeking for a direction to set aside the
Look Out Circular issued by respondents 2 & 3 issued against the
petitioner and to quash the same.
2. This Court passed an interim order on 12.04.2024 in favour of the
petitioner to the effect that Look Out Circular issued against the
petitioner shall be kept in abeyance for a period of six months to
enable him to travel abroad, subject to the conditions mentioned
therein. As per Interim Order dated 27.06.2024, the 3rd
respondent was directed to consider the matter as per Interim
Order dated 12.04.2024 on receipt of the original fixed deposit
for Rs.5,00,000/- and an Affidavit by the petitioner declaring that
he has no immovable property.
3. R.P.No.820/2024 is filed to review the order dated 27.06.2024 on
the ground that no time limit is fixed for complying with the
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RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
direction in the order dated 27.06.2024.
4. On 19.08.2024, the learned Standing Counsel for respondents 3
& 4 submitted that the Look Out Circular challenged in the writ
petition is already kept in abeyance in compliance with the
aforesaid Interim Orders dated 12.04.2024 and 27.06.2024 and
same was recorded by this Court.
5. In view of the submission of the learned Standing Counsel for
respondents 3 & 4 that the Look Out Circular issued against the
petitioner is already kept in abeyance for a period of six months
from 27.06.2024, no further orders are required in these
petitions.
6. Accordingly, recording the above submission of the learned
Standing Counsel for the respondents 3 & 4, the Writ Petition as
well as the Review Petition are disposed of.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
SHG/-
2024:KER:74023
RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE AFFIDAVIT FILED BY THE
PETITIONER IN COMPLIANCE OF THE DIRECTIONS OF
THIS HON'BLE COURT ON 27.06.2024 DATED 01.07.2024
2024:KER:74023
RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
APPENDIX OF WP(C) 2505/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF PETITIONERS
PASSPORT NO. Z6990025 DATED 18.10.2022
Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 24.11.2021
Exhibit P3 TRUE COPY OF THE APPOINTMENT LETTER DATED
10.08.2022
Exhibit P4 TRUE COPY OF THE E-MAIL DATED 07.10.2022 FROM
REGIONAL PASS PORT OFFICER TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE VISA DATED 25.10.2022 ISSUED BY
THE STATE OF QATAR
Exhibit P6 TRUE COPY OF THE SUMMONS DATED 21.11.2022 ISSUED
BY THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE LEAVE APPLICATION OF THE
PETITIONER DATED 06.12.2022
Exhibit P8 TRUE COPY OF THE DETAILED REPRESENTATION DATED
25.12.2022 SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P9 TRUE COPY OF THE COMMUNICATION OF THE 3RD
RESPONDENT DATED 26.12.2022 TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN B.A. NO.
156/2023 DATED 18.01.2023 OF THIS HONOURABLE
COURT
Exhibit P11 TRUE COPY OF THE DISCHARGE SUMMARY OF PETITIONER
ISSUED BY ASTER MEDCITY DATED 6.6.2020
Exhibit P12 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE
THE ASSISTANT DIRECTOR, DIRECTORATE OF
ENFORCEMENT, CHENNAI DATED 12.03.2023
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RP NO. 820 OF 2024 IN WP(C) NO. 2505 OF 2023
&
WP(C) NO. 2505 OF 2023
Exhibit P12 (a) TRUE COPY OF THE COVERING LETTER OF THE AFFIDAVIT
DATED 06.05.2024 BEFORE THE 3RD RESPONDENT
Exhibit P12(b) TRUE COPY OF THE COURIER RECEIPT DATED 08.05.2024
Exhibit P13 TRUE COPY OF THE REPLY OF THE BANK THROUGH E-MAIL
DATED 29.05.2023 TO THE PETITIONER
Exhibit P14 TRUE COPY OF THE E-MAIL DATED 30.09.2023 OF THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P15 TRUE COPY OF THE E-MAIL OF THE PETITIONER BEFORE
THE 3RD RESPONDENT DATED 12.12.2023
