IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 W.A.No. 1618 of 2008 -------------- --------------------- AGAINST THE JUDGEMENT IN WPC.20307/2008 DATED 07/07/2008 .................... APPELLANT/PETITIONER: ------------------------------------ P.P.KUNHEEDU, S/O.UNNEENKUTTY, POOZHITHARA HOUSE, PANG SOUTH P.O, MALAPPURAM. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF FOREIGN AFFAIRS, NEW DELHI. 2. HAJ COMMITTEE OF INDIA, REPRESENTED BY ITS EXECUTIVE OFFICER, 1ST FLOOR, HAJ HOUSE, 7-A, PALTON ROAD, M.R.A.MARG, MUMBAI-400 001. 3. THE CHAIRMAN, KERALA STATE HAJ COMMITTEE, POST PUTHIYARA, KOZHIKODE. 4. THE DISTRICT COLLECTOR, KOZHIKODE, (EXECUTIVE OFFICER, STATE HAJ COMMITTEE), POST PUTHIYARA, KOZHIKODE. R1 BY ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARA NAIR R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No. 1618 of 2008 ------------------------------------------ Dated, this the 19th day of August, 2008 JUDGMENT H.L.Dattu, C.J. Being aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.20307 of 2008 dated 7th July, 2008, the petitioner in the writ petition is before us in this writ appeal. 2. In the writ petition filed, the main prayers of the petitioner were, firstly to direct the Haj Committee of India to pass necessary orders including the petitioner in the list of pilgrims eligible for Haj Pilgrimage this year in Government quota, and secondly, for a direction to the respondents to reinstate the preference clause for the previous year applicants who has not got a chance in the forgoing year and for the senior citizens. 3. When the matter was posted before this Court on the last date of hearing, we had specifically directed the petitioner to satisfy us, whether the second respondent, namely the Haj Committee of India, is amenable to the writ jurisdiction of this Court. 4. Today the matter is posted for admission again. Learned counsel appearing for the appellant is not in a position to demonstrate before us that the State or the Central Government has any role to play in W.A.No.1618 of 2008 2 the affairs of the Haj Committee of India. Since no material is furnished by the appellant's learned counsel to show that the second respondent is amenable to writ jurisdiction of this Court, in our opinion, no relief can be granted by this Court to the appellant. Keeping this aspect of the matter in view, the learned Single Judge has rightly rejected the writ petition. 5. We do not see any error in the orders passed by the learned Single Judge which would call for our interference in appeal. Therefore, this writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns