IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 17533 of 2011(N) ------------------------------------- PETITIONER(S): ------------------------ 1. HAZEENA ADAKUDY, D/O.KOTTARATHIL KADER, (HOLDER OF INDIAN PASSPORT NO.A 9514373 ISSUED FROM KOZHIKODE) AGED 29 YEARS, NALUPURAKKAL HOUSE, MUHAMMED MANZIL, POST KADIRUR, KANNUR DISTRICT, KERALA, INDIA.(KADIRUR POLICE STATION LIMIT) 2. SHOAIB SHAHID, S/O.HAZEENA ADAKUDY, AGED 10 YEARS, RISHAD MANZIL, PALAYI POST, NIRMALAGIRI, KANNUR DISTRICT, KERALA, INDIA (KUTHUPARAMBA POLICE STATION LIMIT) REPRESENTED BY IST PETITIONER, THE MOTHER AND GUARDIAN. 3. ZAINUL ABIDIN, S/O.HAZEENA ADAKUDY, AGED 9 YEARS, RISHAD MANZIL, PALAYI POST, NIRMALAGIRI, KANNUR DISTRICT, KERALA, INDIA (KUTHUPARAMBA POLICE STATION LIMIT) REPRESENTED BY IST PETITIONER, THE MOTHER AND GUARDIAN. 4. HUSNA, D/O.HAZEENA ADAKUDY, AGED 4 YEARS, RISHAD MANZIL, PALAYI POST, NIRMALAGIRI, KANNUR DISTRICT, KERALA, INDIA (KUTHUPARAMBA POLICE STATION LIMIT) REPRESENTED BY IST PETITIONER, THE MOTHER AND GUARDIAN. BY ADV. SRI.C.KHALID SMT.P.VANDANA tss W.P.(C) NO.17533/2011 RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI - 110006. 2. THE SUPERINTENDENT OF POLICE, KANNUR - 670001. 3. THE SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION, KUTHUPARAMBA - 670643. 4. DISTRICT COLLECTOR, THE COLLECTORATE, KANNUR – 670643. *ADDL. R5 IMPLEADED. 5. FOREIGNERS' REGISTRATION OFFICER, DISTRICT POLICE CHIEF, KANNUR. *ADDL. R5 IS IMPLEADED AS PER ORDER DTD. 5.7.2011 IN IA. 10636/11. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 R2 TO R4 BY GOVT. PLEADERSRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.17533/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PASSPORT NO.A-9514373 ISSUED FROM PASSPORT OFFICE, KOZHIKODE. P1(a):- COPY OF THE PASSPORT NO. J 4890458 ISSUED FROM PASSPORT OFFICE, KOZHIKODE. P2:- COPY OF THE CERTIFICATE ISSUED BY HEAD MASTER GOVERNMENT U.P.SCHOOL, KADIRUR. P3:- COPY OF THE ADMISSION REGISTER NO.26664 DTD. 12.12.2000 ISSUED BY THE HEADMASTER, GOVERNMENT HIGH SCHOOL, KADIRUR. P4:- COPY OF THE RATION CARD NO.2367111258 DTD. 26.9.2010 ISSUED BY TALUK SUPLLY OFFICER, THALASSERY. P5:- COPY OF THE PASSPORT OF THE 2ND PETITIONER SHOAIB. P6:- COPY OF THE PASSPORT OF THE 3RD PETITIONER ZAINUL ABIDIN. P7:- COPY OF THE PASSPORT OF THE 4TH PETITIONER HUSNA. P8:- COPY OF THE PASSPORT OF THE HUSBAND MOHIUDDIN. P9:- COPY OF THE VISA DETAIL OF 3ND PETITIONER. P10:- COPY OF THE VISA DETAIL OF 3RD PETITIONER. P11:- COPY OF THE VISA DETAIL OF 4TH PETITIONER. P12:- COPY OF THE PETITION DTD. 20.4.2011 SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT. P13:- COPY OF THE POST RECEIPT. P14:- COPY OF THE ORDER IN WPC. 30412/2005 DTD. 25.11.05 BEFORE THE HONOURABLE HIGH COURT. P15:- COPY OF THE ORDER DTD. 26.4.2011 IN WPC. 12618/2011 BEFORE THIS HONOURABLE COURT. P16:- COPY OF THE APPLICATION DTD. 26.5.201 OF THE PETITIONER. P17:- COPY OF THE RECEIPT OF THE 4TH RESPONDENT. P18:- COPY OF THE POSTAL RECEIPT. P19:- COPY OF THE ACKNOWLEDGEMENT CARD. tss W.P.(C) NO.17533/2011 P20:- COPY OF THE REPPLY DTD. 1.6.2011 BY THE IST RESPONDENT, UNDER SECRETARY TO GOVERNMENT OF INDIA, NEW DELHI. P21:- COPY OF THE APPLICATION DTD. 1.7.2011 SUBMITTED BY THE PETITIONER. P22:- COPY OF THE POSTAL RECEIPT DTD. 1.7.2011. P23:- COPY OF THE POSTAL RECEIPT SENT TO 5TH ADDITIONAL RESPONDENT, FOREIGNERS REGISTRATION OFFICER,DISTRICT POLICE CHIEF, KANNUR. P24:- COPY OF THE APPLICATION DTD. 1.7.2011 BEFORE THE FOREIGNERS REGISTRATION OFFICER, KANNUR. P25:- COPY OF THE COVERING LETTER DTD. 5.7.2011. P26:- COPY OF THE POSTAL RECEIPT DTD. 5.7.2011. P27:- COPY OF THE APPLICATION BEFORE DISTRICT COLLECTOR KANNUR DTD. 1.7.2011. P28:- COPY OF THE POSTAL RECEIPT DTD. 18.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 17533 OF 2011 ----------------------------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T The first petitioner is an Indian citizen who is married to a Pakistani National. It appears that soon after the marriage she went to Pakistan on an Indian Visa and despite the expiry of the period of Visa, she stayed there for about 10 years with her husband. During the said period she gave birth to petitioners 2, 3 and 4, who are now aged 10 years, 9 years and 4½ years respectively. Subsequently she had to return to the country with her husband and the Pakistani National also accompanied her. Along with the couple children also came to India on Pakistani passport. Presently she is staying in Kerala with her 3 minor children and while so, the 1st petitioner made Ext.P21 application to the Central Government u/s 9(2) of the Citizenship Act, for Registration of petitioners 2, 3 and 4 and this application was rejected as per Ext.P20 order. W.P.(C) No. 17533 OF 2011 :2 : 2. Subsequently the first petitioner made Ext.P16 application u/s 5(4) of the Act, in respect of petitioners 2, 3 and 4. This application is stated to be pending before the 4th respondent, the Foreigners Registration Officer and the 4th respondent is to process the said application in terms of Rules 11 and 12 of the Citizenship Rules 2009. From the counter affidavit filed on behalf of the additional 5th respondent it appears that the Visa of the children has expired and that they have not made applications for its extension. Although it is the case of the counsel for the petitioner that applications in this behalf have been made earlier, submission made by the learned Government Pleader on behalf of the 5th respondent is that such an application was not in the proper form and therefore, cannot be considered. 3. In the aforesaid situation, taking note of the pendency of Ext.P16 application made by the first W.P.(C) No. 17533 OF 2011 :3 : petitioner u/s 5(4) of the Citizenship Act and having regard to age of the petitioners 2, 3 and 4, I feel at this stage what is required is that the 4th respondent should process Ext.P6 application in the manner prescribed in the Citizenship Act and the Rules and forward the same to the first respondent. In the mean time the first petitioner should also make application in terms of paragraph 7 of Foreign Order 1948 to the additional 5th respondent, the Foreigners Registration Officer, for extension of Visa of petitioners 2, 3 and 4. Therefore the writ petition is disposed of with the following directions. 4. The 4th respondent before whom Ext.P16 application made by 1st the petitioner u/s 5(4) of the Act is pending, shall process the same in accordance with the Act and Rules and forward the said application to the first respondent for appropriate orders in the matter. The 4th respondent shall process the application as expeditiously W.P.(C) No. 17533 OF 2011 :4 : as possible at any rate within sixty days from the date of receipt of a copy of this judgment and on receipt of it the first respondent shall pass orders thereon expeditiously. 5. In the mean time, within two weeks from today, the first petitioner will make application as provided in paragraph 7 of Foreigners Order 1948 to the additional 5th respondent for extension of the period of Visa of petitioners 2, 3 and 4 and on receipt of it the additional 5th respondent will pass appropriate orders at any rate within 2 weeks thereafter. 6. Subject to the 1st petitioner making an application to the additional 5th respondent as above, until orders are passed by the first respondent as directed above, the respondent shall not take any steps for deportation of petitioners 2, 3 and 4 and in the event of failure to make such application, it will be open to the authorities to take such action as is warranted in law. W.P.(C) No. 17533 OF 2011 :5 : 7. The first petitioner to produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 5 for compliance. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge