Kerala High Court

Askar Mon Valappil vs Bureau Of Immigration Department on 18 July, 2025

                                                2025:KER:53463
WP(C) NO.12187 & 15478 OF 2025

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          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

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    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

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          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

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                              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