Kerala High Court
Shifas Valappil vs Bureau Of Immigration Department on 18 July, 2025
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 12187 OF 2025
PETITIONER/S:
1 ASKAR MON VALAPPIL,
AGED 44 YEARS
SON OF UNNIMUHAMMED VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANADTALUK,
MALAPPURAM DISTRICT, PIN - 676541
2 LUBINAMOL KAIPAKUNNEN,
AGED 40 YEARS
WIFE OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
3 SHIMLA SHERIN VALAPPIL (MINOR),
AGED 15 YEARS
DAUGHTER OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT-REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN ASKAR MON VALAPPIL, AGED 44
YEARS, SON OF UNNI MUHAMMED VALAPPIL, VALAPPIL
HOUSE, EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD
TALUK, MALAPPURAM DISTRICT, PIN - 676541
4 MUHAMMED NABHAN VALAPPIL (MINOR),
AGED 8 YEARS
SON OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT-REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN ASKAR MON VALAPPIL, AGED 44
YEARS, SON OF UNNIMUHAMMED VALAPPIL, VALAPPIL
HOUSE, EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD
TALUK, MALAPPURAM DISTRICT, PIN - 676541
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
2
5 MARIYAM VALAPPIL (MINOR),
AGED 4 YEARS
DAUGHTER OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT-REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN ASKAR MON VALAPPIL, AGED 44
YEARS, SON OF UNNIMUHAMMED VALAPPIL, VALAPPIL
HOUSE, EDAVANNA P.O., EDAVANNA VILLAGE,
ERANADTALUK, MALAPPURAM DISTRICT, PIN - 676541
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT/S:
1 BUREAU OF IMMIGRATION DEPARTMENT,
CALICUT INTERNATIONAL AIRPORT, AIRPORT P.O.,
AIRPORT ROAD, KOZHIKODE, KARIPUR, KERALA
REPRESENTED BY ITS COMMISSIONER (IMMIGRATION),
PIN - 673647
2 THE REGIONAL PASSPORT OFFICER,
CALICUT PASSPORT OFFICE, NEAR CO-OPERATIVE
HOSPITAL, ERANHIPPALAM, KOZHIKODE, KERALA, PIN -
673006
3 THE JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI, PIN - 110011
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, ALONG WITH WP(C).15478/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 15478 OF 2025
PETITIONER/S:
SHIFAS VALAPPIL,
AGED 22 YEARS
SON OF ASKAR MON VALAPPIL, VALAPPIL HOUSE,
EDAVANNA P.O., EDAVANNA VILLAGE, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676541
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT/S:
1 BUREAU OF IMMIGRATION DEPARTMENT,
CALICUT INTERNATIONAL AIRPORT, AIRPORT P.O,
AIRPORT ROAD, KOZHIKODE, KARIPUR, KERALA,
PIN - 673647
2 THE REGIONAL PASSPORT OFFICER,
CALICUT PASSPORT OFFICE, NEAR CO- OPERATIVE
HOSPITAL, ERANHIPPALAM, KOZHIKODE, KERALA,
PIN - 673006
3 THE JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI, PIN - 110011
4 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY
OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
4
DELHI, PIN - 110001
BY ADV SHRI.C.DINESH, CGC
SHRI.O.M SHALINA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, ALONG WITH WP(C).12187/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
5
JUDGMENT
The petitioners in these cases are Indian citizens bearing Passport
Nos.Z2915390 (1st petitioner), M6560544 (2nd petitioner), U4085031 (3rd
petitioner), R5117425 (4th petitioner), U2773064 (5th petitioner) in WP(C)
No.12187 of 2025 and U6570905, (petitioner) in WP(C) No.15478 of 2025.
The petitioners went to Yemen through Oman. On their return to Calicut
Airport, the passports of the petitioners were seized by the Bureau of
Immigration Department, Calicut International Airport.
2. The petitioners in WP(C) No.12187 of 2025 had earlier filed WP(C)
No.30461 of 2024, which was disposed of by judgment dated 30 th August,
2024, directing the Joint Secretary (Gulf), Ministry of External Affairs,
Government of India, New Delhi to consider the representation preferred
by them for release of the passports. Pursuant to the above direction,
Ext.P9 dated 22nd October, 2024 was passed in WP(C) No.12187 of 2025,
stating that their passports are seized in terms of para 1 (ii) of the Gazette
Notification No.S.O.3223 (E) dated 26th September 2017, under Sub-section
(3) of Section (10) of the Passports Act, 1967. It was also found that there
was no compelling reason to travel to Yemen in contravention of the GOI
travel ban to that country.
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
3. As far as the petitioner in WP(C) No.15478 of 2025 is concerned,
the writ petitioner had filed WP(C) No.30478/2024, which by judgment
dated 30th August 2024 directed the Joint Secretary (Gulf), Ministry of
External Affairs, Government of India, New Delhi to consider his request
for release of the passport. Ext.P5 is the order passed pursuant to the
above direction, on 22nd October 2024, stating the same reason as of Ext.P9
in the connected writ petition.
4. The learned counsel for the petitioners submits that the order
impounding the passport of the petitioners has not been served on them.
The petitioners can take recourse to Section 11 of the Passports Act, 1967,
only if the above order is communicated to them. The petitioners also
submit that the order is necessary for making a request for ex-post facto
approval.
5. Under such circumstances, there will be a direction to the
Regional Passport Officers concerned to serve a copy of the orders
impounding the passports to the petitioners within a month from today.
On receipt of the same, it will be open to the petitioners either to file a
statutory appeal or seek ex-post facto approval, which shall be considered
in accordance with law.
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
Without prejudice to any of the contentions of the petitioners, these
writ petitions are disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
APPENDIX OF WP(C) 12187/2025
PETITIONER EXHIBITS
Exhibit P1. TRUE COPY OF THE SEIZURE FORM ISSUED TO
THE FIRST PETITIONER DATED 14.05.2022 BY
THE FIRST RESPONDENT
Exhibit P2 TRUE COPY OF THE SEIZURE FORM ISSUED TO
THE SECOND PETITIONER DATED 14.05.2022
BY THE FIRST RESPONDENT
Exhibit P3 TRUE COPY OF THE SEIZURE FORM ISSUED TO
THE THIRD PETITIONER DATED 14.05.2022 BY
THE FIRST RESPONDENT
Exhibit P4 TRUE COPY OF THE SEIZURE FORM ISSUED TO
THE FOURTH PETITIONER DATED 14.05.2022
BY THE FIRST RESPONDENT
Exhibit P5 TRUE COPY OF THE SEIZURE FORM ISSUED TO
THE FIFTH PETITIONER DATED 14.05.2022 BY
THE FIRST RESPONDENT
Exhibit P6 TRUE COPY OF THE APPLICATION DATED
16.8.2024 SUBMITTED BY THE FIRST
PETITIONER BEFORE THE THIRD RESPONDENT
THROUGH REGISTERED POST
Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16.8.2024
TOWARDS THE PROOF OF SERVICE OF EXHIBIT
P2
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 30.8.2024 IN WPC
Exhibit P9 TRUE COPY OF THE ORDER DATED 22.10.2024
ISSUED BY THIRD RESPONDENT
2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025
APPENDIX OF WP(C) 15478/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SEIZURE MEMO ISSUED TO
THE PETITIONER BY THE FIRST RESPONDENT
ALONG WITH READABLE COPY
Exhibit P2 TRUE COPY OF THE APPLICATION DATED
16.8.2024 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT THROUGH
REGISTERED POST
Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED
16.8.2024 TOWARDS THE PROOF OF SERVICE
OF EXHIBIT P2
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 30.8.2024 IN WPC
Exhibit P5 TRUE COPY OF THE ORDER DATED 22.10.2024
ISSUED BY THIRD RESPONDENT
RESPONDENT ANNEXURES
ANNEXTURE R1(a) True copy of the Gazette notification
No. S.0 3233(E) dated 26/09/2017
