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Kerala High Court
D.Francis vs The Union Of India on 1 December, 2025
W. P. (C) No. 10843 of 2019
-1-
2025:KER:92674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA,
1947
WP(C) NO. 10843 OF 2019
PETITIONER/S:
D.FRANCIS
AGED 55 YEARS
S/O.DHAS, 31/177/1, KAMALA COMPOUND, NORTH
STREET, MARTHANDAM, MARTHANDAM POST, KANYAKUMARI
DISTRICT, TAMIL NADU-629165.
BY ADV SRI.M.P.HARIPRASAD
RESPONDENT/S:
1 THE UNION OF INDIA,
REPRESENTED BY HOME SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW
DELHI- 110001.
2 PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX,
KERALA, C.R.BUILDING, I.S.PRESS ROAD,
KACHERIPADY, ERNAKULAM, KERALA- 682018.
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-
695001.
4 THE DIRECTOR GENERAL OF POLICE,
KERALA POLICE FORCES, KERALA POLICE HEAD
QUARTERS, TRIVANDRUM- 695003.
W. P. (C) No. 10843 of 2019
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2025:KER:92674
5 THE INSPECTOR GENERAL OF POLICE,
TRIVANDRUM RANGE, NANDAVANAM, TRIVANDRUM- 695033.
6 THE INSPECTOR GENERAL OF POLICE,
ERNAKULAM RANGE, SHANMUGHAM ROAD, OPP. MARINE
DRIVE, HIGH COURT JN., KOCHI- 682031.
7 THE INSPECTOR GENERAL OF POLICE,
THRISSUR RANGE, HIGH ROAD, THRISSUR- 680001.
8 THE INSPECTOR GENERAL OF POLICE,
KANNUR RANGE, THAVAKKARA, KANNUR- 670002.
9 THE INSPECTOR GENERAL OF POLICE,
KERALA ARMED POLICE, NEAR SAP CAMP, PEROORKADA,
TRIVANDRUM- 695005.
10 THE PRESIDENT,
STATE COMMITTEE, KERALA POLICE ASSOCIATION, AR
CAMP, NANDAVANAM, TRIVANDRUM- 695033.
11 THE PRESIDENT,
STATE COMMITTEE, KERALA POLICE OFFICERS
ASSOCIATION, AR CAMP, NANDAVANAM, TRIVANDRUM-
695033.
12 THE PRESIDENT,
STATE COMMITTEE, KERALA POLICE OFFICERS
ASSOCIATION, AR CAMP, NANDAVANAM, TRIVANDRUM-
695033.
BY ADVS.
CHRISTOPHER ABRAHAM, ADDITIONAL STANDING COUNSEL,
INCOME TAX DEPARTMENT
SHRI.P.R.AJITH KUMAR
OTHER PRESENT:
SRI.V. TEKCHAND -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 10843 of 2019
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2025:KER:92674
JUDGMENT
Dated this the 1st day of December, 2025
Nitin Jamdar, C. J.
Heard Mr. V. Tekchand, learned Senior Government Pleader.
2. On 3 November 2025, the following order was passed:-
"Heard Mr.P.R.Ajith Kumar, learned counsel for
Respondent No.2 and Mr.V.Tek Chand, learned Senior
Government Pleader for the State.
2. None appears for the Petitioner. No steps have been
taken in respect of the unserved Respondents.
3. Post on 1 December 2025.
4. If none appears for the Petitioner by the next posting
date, the Court may consider disposing of the petition,
keeping the cause open."
3. Again, none appears for the Petitioner.
4. The writ petition is disposed of, keeping the cause open.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
SYAM KUMAR V. M.
JUDGE
Eb
2025:KER:92674
APPENDIX OF WP(C) NO. 10843 OF 2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER NO.SSB4/3/2019/HOME
DATED 31.01.2019 FROM THE 3RD
RESPONDENT TO PETITIONER'S ADVOCATE.
EXHIBIT P1(a) TRUE COPY OF GOVERNMENT ORDER
MS.NO.134/79/HOME, TRIVANDRUM, DATED
04.10.1979.
EXHIBIT P1(b) TRUE COPY OF RULES FOR THE KERALA
POLICE ASSOCIATION.
EXHIBIT P2 TRUE COPY OF COMMUNICATION
NO.13(RTI)-167138/18 PHQ DATED
26.12.2018.
EXHIBIT P2(a) TRUE COPY OF HOME (SSB) DEPARTMENT
ORDER G.O(MS)NO.178/2015, TRIVANDRUM
DATED 20.08.2015 ALONG WITH THE
AMENDMENTS, IT'S ENGLISH TRANSLATION.
EXHIBIT P2(b) TRUE COPY OF HOME (SSB) DEPARTMENT
ORDER G.O(MS)NO.76/2013, TRIVANDRUM,
DATED 23.03.2013 ALONG WITH THE
AMENDMENTS, IT'S ENGLISH TRANSLATION.
EXHIBIT P2(c) TRUE COPY OF MALAYALAM VERSION OF THE
CONSTITUTION OF THE KERALA POLICE
ASSOCIATION, IT'S ENGLISH TRANSLATION.
EXHIBIT P2(d) TRUE COPY OF HOME (SSB) DEPARTMENT
ORDER NO.78281/SSB4/2014/HOME,
TRIVANDRUM, DATED 24.11.2014.
EXHIBIT P2(e) TRUE COPY OF HOME (SSB) DEPARTMENT
G.O(MS)NO.234/2014/HOME TRIVANDRUM,
DATED 19.11.201.
EXHIBIT P2(f) TRUE COPY OF THE AMENDED RULES FOR THE
CONSTITUTION OF THE KERALA POLICE
OFFICERS ASSOCIATION.
EXHIBIT P2(g) TRUE COPY OF HOME (SSB) DEPARTMENT
ORDER G.O(MS)NO.28/2012/HOME,
TRIVANDRUM, DATED 18.01.2012.
EXHIBIT P2(h) TRUE COPY OF HOME (SSB) DEPARTMENT
G.O(MS)NO.186/2010/HOME, TRIVANDRUM,
DATED 17.08.2010.
EXHIBIT P2(i) TRUE COPY OF AMENDED RULES FOR THE
CONSTITUTION OF THE KERALA POLICE
OFFICERS ASSOCIATION.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION
NO.SSB4/3/2019/HOME, TRIVANDRUM, DATED
2025:KER:92674
17.01.2019.
EXHIBIT P3(a) TRUE COPY OF LETTER
NO.13(RTI)-186401/2018/PHQ FROM THE
FOURTH RESPONDENT DATED 28.01.2019.
EXHIBIT P3(b) TRUE COPY OF EXECUTIVE DIRECTIVE
NO.12/2003 ISSUED BY THE FOURTH
RESPONDENT DATED 22.08.2003 ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P3(c) TRUE COPY OF CIRCULAR NO.24/2003 ISSUED
FROM THE FOURTH RESPONDENT'S OFFICE
DATED 13.11.2003.
EXHIBIT P3(d) TRUE COPY OF CIRCULAR NO.13/2006 ISSUED
FROM THE FOURTH RESPONDENT'S OFFICE
DATED 27.07.2006.
EXHIBIT P3(e) TRUE COPY OF CIRCULAR NO.27/2010 ISSUED
FROM THE FOURTH RESPONDENT'S OFFICE
DATED 13.05.2010.
EXHIBIT P3(f) TRUE COPY OF CIRCULAR NO.03/2012 ISSUED
FROM THE FOURTH RESPONDENT'S OFFICE
DATED 02.02.2012.
EXHIBIT P3(g) TRUE COPY OF COB MESSAGE FROM THE FORTH
RESPONDENT'S OFFICE DATED 10.04.2013
ALONG WITH IT'S ENGLISH TRANSLATION.
EXHIBIT P3(h) TRUE COPY OF CIRCULAR NO.22/2014 ISSUED
FROM THE FOURTH RESPONDENT'S OFFICE
DATED 13.10.2014.
EXHIBIT P3(i) TRUE COPY OF PETITIONER'S ADVOCATE'S
REQUEST DATED 20.12.2018.
EXHIBIT P4 TRUE COPY OF LETTER
NO.13(RTI)-1575/2019/PHQ FROM THE
FOURTH RESPONDENT'S OFFICE DATED
30.01.2019.
EXHIBIT P4(a) TRUE COPY OF LETTER NO.G8-43364/2018/TC
DATED 17.08.2018 ISSUED FROM THE
DISTRICT POLICE CHIEF, TRIVANDRUM CITY
ALONG WITH IT'S ENGLISH TRANSLATION.
EXHIBIT P4(b) TRUE COPY OF THE PROCEEDINGS OF THE
RETURNING OFFICER DATED 23.10.2017.
EXHIBIT P4(c) TRUE COPY OF PETITIONER'S ADVOCATE'S
REQUEST FOR INFORMATION DATED
31.12.2018.
EXHIBIT P5 TRUE COPY OF REPLY NO.M 316/19 FROM THE
DISTRICT REGISTRAR OFFICE, THRISSUR
DATED 31.01.2019 ALONG WITH IT'S
ENGLISH TRANSLATION.
EXHIBIT P5(a) TRUE COPY OF REQUEST OF THE
PETITIONER'S ADVOCATE DATED 14.01.2019.
2025:KER:92674
EXHIBIT P6 TRUE COPY OF LETTER NO.G2/325/19 FROM
THE DISTRICT REGISTRAR OFFICE, KANNUR
DATED 01.02.2019 ALONG WITH IT'S
ENGLISH TRANSLATION.
EXHIBIT P6(a) TRUE COPY OF REQUEST OF THE
PETITIONER'S ADVOCATE DATED 14.01.2019.
EXHIBIT P7 TRUE COPY OF REPLY FROM THE DISTRICT
REGISTRAR OFFICE, THODUPUZHA DATED
28.01.2019.
EXHIBIT P7(a) TRUE COPY OF REQUEST OF THE
PETITIONER'S ADVOCATE DATED 14.01.2019.
EXHIBIT P8 TRUE COPY OF REPLY FROM THE DISTRICT
REGISTRAR OFFICE, WAYANAD DATED
23.01.2019.
EXHIBIT P8(a) TRUE COPY OF REQUEST OF THE
PETITIONER'S ADVOCATE DATED 14.01.2019.
EXHIBIT P9 TRUE COPY OF LETTER
NO.13(RTI)-8131/19/PHQ DATED
27.02.2019.
EXHIBIT P9(a) TRUE COPY OF LETTER NO.72687/SS-
B4/2001/HOME DATED 11.04.2002.
EXHIBIT P10 TRUE COPY OF REPLY FROM THE OFFICE OF
THE INCOME TAX COMMISSIONER
(EXEMPTIONS) DATED 10.01.2019.
EXHIBIT P10(a) TRUE COPY OF PETITIONER'S ADVOCATE'S
REQUEST DATED 20.12.2018.
EXHIBIT P10(b) TRUE COPY OF REPLY FROM THE OFFICE OF
THE SECOND RESPONDENT DATED 31.12.2018.
EXHIBIT P10(c) TRUE COPY OF PETITIONER'S ADVOCATE'S
REQUEST DATED 29.12.2018.
EXHIBIT P11 TRUE COPY OF REPORT IN THE 'ONMANORAMA'
ONLINE EDITION DATED 11.05.2018.
EXHIBIT P12 TRUE COPY OF REPORT CONTAINED IN
'ONMANORAMA' ONLINE EDITION DATED
14.05.2018.
EXHIBIT P13 TRUE COPY OF REPORT IN THE ONLINE
EXPRESS NEWS SERVICE DATED 25.06.2018.
EXHIBIT P14 TRUE COPY OF REPORT IN THE ONLINE
DECCAN CHRONICLE DATED 09.05.2019.
EXHIBIT P15 TRUE COPY OF REPORT CONTAINED IN THE
NEWS PAPER 'MATHRUBHOOMI' TRIVANDRUM
EDITION DATED 15.03.2019 ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P16 TRUE COPY OF PETITIONER'S
REPRESENTATION DATED 07.03.2019 TO THE
RESPONDENTS 1-8.
2025:KER:92674
EXHIBIT P17 TRUE COPIES OF PETITIONER'S
REPRESENTATION TO THE NINTH RESPONDENT
DATED 14.03.2019.
EXHIBIT P18 TRUE COPIES OF PETITIONER'S
REPRESENTATION TO THE THIRD RESPONDENT
DATED 14.03.2019.
EXHIBIT P19 TRUE COPY OF COMMUNICATION
NO.SSB4/30/2019/HOME DATED 26.03.2019.
