IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17392 of 2011(Y) -------------------------- PETITIONER(S): --------------- S.RADHAKRISHNAN, S/O. SREEDHARAN PROPRIETOR, ORBITAL ENTERPRISE TRAVEL AND TRADE LINKS MAN POWER CONSULTANTS MAIDANAM, VARKALA PO, PIN 695 141. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): --------------- 1. THE PROTECTOR OF EMIGRANTS MINISTRY OF OVERSEAS INDIAN AFFAIRS PRAVASI BHARATIYA KARYA MANTHRALAYAM AKBAR BHAVAN, CHANAKYAPURI, NEW DELHI PIN 110021. 2. THE UNION OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS PRAVASI BHARATIYA KARYA MANTHRALAYAM AKBAR BHAVAN, CHANAKYAPURI, NEW DELHI PIN 110021. REP BY SECRETARY. ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17392 of 2011 APPENDIX EXHIBITS EXT.P1- THE TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION NO.B- PER/1000+/5/6984/2005 DATED 29.1.10 EXT.P2- THE TRUE PHOTOCOPY OF THE EXPLANATION FILED BEFOREO THE 2ND RESPONDENT ON 19.5.10 EXT.P3- THE TRUE PHOTOCOPY OF THE ORDER NO.1-11011/6984/05/PGE-1 DATED 30.3.2010 EXT.P4- THE TRUE PHOTOCPY OF THE ORDER NO.1-11011/6984/05/PGE-1 DATED 25.5.2011 EXT.P5- THE TRUE COPY OF THE APPEAL MEMORANDUM SENT TO THE 1ST RESPONDENT BY REGISTERED SPEED POST EXT.P6- THE TRUE PHOTOCOPY OF THE STAY PETITION WITH AFFIDAVIT SENT BY REGISTERED POST TO THE 1ST RESPONDENT ON 3.6.2011 EXT.P7- THE TRUE COPY OF THE PETITION FILED BY MR.THANKAPPAN BEFORE THE MINISTER OF OVERSEAS INDIAN AFFAIRS ON 27.1.2010 (True Copy) P.A To judge P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).17392/2011 .............................................. Dated this the 28th day of June, 2011 JUDGMENT 1.Petitioner is stated as a Manpower consultant established for recruitment of man power and has been functioning in the field quite long, by virtue of the requisite clearance and licence issued by the concerned authorities. However, the first respondent proceeded with steps, pointing out some incriminating circumstances; which, though was sought to be explained by the petitioner, was not accepted by the concerned respondent, finally leading to Ext.P4 order dated 25.5.2011 whereby, the registration of the petitioner has been cancelled. Being aggrieved of the same, petitioner has preferred Ext.P5 appeal, along with Ext.P6 petition for stay, which are pending consideration before the second respondent. 2.The learned counsel for the petitioner submits that the petitioner is constrained to approach this Court because of the coercive proceedings stated as being pursued, to have the W.P.(C).17392/11 2 bank guarantee already furnished by the petitioner (in connection with the registration sought for and obtained earlier) encashed, without any regard to the pendency of the appeal proceedings, which, in turn, is sought to be intercepted. 3.Heard the learned Standing Counsel appearing for the respondents as well. 4.Considering the facts and circumstances, the writ petition is disposed of, directing the second respondent to consider and pass final orders on Ext.P5 appeal preferred against Ext.P4, passing appropriate orders, in accordance with law after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of this judgment. The bank guarantee stated as furnished by the petitioner at the time of obtaining registration, shall not be encashed till such time, on condition that the petitioner keeps it alive till the finalization of the proceedings as above. W.P.(C).17392/11 3 5.Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for taking further steps. P.R.RAMACHANDRA MENON, Judge mrcs