IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 33668 of 2009(C) -------------------------- PETITIONER(S): --------------- HASSAN,AGED 62 YEARS, S/O.YUSAF, PURALI VALAPPIL HOUSE, KANHIYUR, NANNAMUKKU VILLAGE, MOOKUTHALA P.O. PIN 679 574, MALAPPURAM DISTRICT, KERALA. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. THE ADDITIONAL CHIEF SECRETARY, HOME (SSB) DEPARTMENT, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, MALAPPURAM. ADV. SHRI.K.HARILAL, CGC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).33668/2009 ....................... Dated this the 18th day of December, 2009 JUDGMENT Heard Sri.P.Vijaya Bhanu, the learned counsel appearing for the petitioner and Sri.K.Harilal, the learned Central Government Counsel appearing for respondents 1 and 2. I have also heard the learned Government Pleader appearing for respondents 3 and 4. 2. The petitioner claims to be a citizen of India. He submits that he was born and brought up in Malappuram District, that he went to Karachi at a young age where he was employed and that he later went to Bangladesh. It is stated that he came back to India in 1976, that thereafter for a long time, he was running a tea shop in Mumbai and that he later married Fathima with whom he is now residing. He states that he has filed Ext.P1 application under Section 9(2) of the Indian Citizenship Act before the Central Government to determine his nationality and citizenship. In this writ petition the petitioner seeks a direction to the Union of India to consider the said application and pass orders thereon within a time limit to be fixed by this Court. The petitioner also seeks a direction to the respondents to refrain from W.P.(C).33668/09 2 deporting him from India pending disposal of the said representation. Sri.K.Harilal, the learned Central Government Counsel submits that the original of Ext.P1 has been received in the Ministry of Home Affairs and that it has not yet been disposed of. The learned counsel submits that the Government of India will take a decision in the matter at the earliest. In the light of the said submission and having regard to the fact that the petitioner's nationality and citizenship has to be expeditiously decided, I dispose of this writ petition with a direction to respondents 1 and 2 to pass final orders on Ext.P1 application expeditiously and in any event, within three months from the date on which the petitioner produces a certified copy before the Secretary to Government of India, Ministry of Home Affairs. The Government shall after final orders are passed in the matter communicate a copy thereof to the petitioner. Till such time, the petitioner shall not be deported from India. P.N.RAVINDRAN, Judge mrcs