IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 2824 of 2011(C) ------------------------------------- PETITIONER(S): ----------------------- MUHAMMED ALIAS KUNHU MUHAMMED, S/O.ABOOBACKER (LATE), "MUNEERA MANZIL", POST.KATHIRUR, THALASSERY, KANNUR DISTRICT, KERALA STATE, PIN 670 642. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): -------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI, PIN 110001. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT, PIN 670001. 3. THE SUB INSPECTOR OF POLICE, KATHIRUR, PIN 670642. R1 BY ADV.SRI.T.P.M.IBRAHIM KHAN, ASG R2 & R3 BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.2824 of 2011 -------------------------- Dated this the 28th January, 2011 J U D G M E N T Petitioner made Ext.P6 application before the 1st respondent under Section 9 (2) of the Indian Citizenship Act, 1955. That application was rejected by Ext.P7 order dated 2.12.2010. On receipt of Ext.P7 order, petitioner submits that he made Ext.P8 review petition seeking review of Ext.P7. This petition has been filed under Section 15 (A) of the Citizenship Act, 1955. Ext.P9 postal receipt shows despatch of Ext.P9. According to the petitioner during the pendency of the review petition, in view of Ext.P7, he faces an imminent threat of deportation and therefore he has approached this Court seeking a direction to the 1st respondent to consider Ext.P8 and till then, not to deport him to Pakisthan. 2. Heard the learned standing counsel appearing for the 1st respondent also the learned Government Pleader. 3. Admittedly Section 15(A) of the Citizenship Act confers power of review on the Central Government on W.P (C) No.2824 of 2011 2 orders passed by it. Having regard to the fact that Ext.P7 is an order passed by the Central Government exercising its powers under Section 9 (2) of the Citizenship Act, petitioner is entitled to file a petition for review of the said order, which is a statutory remedy. Therefore, the 1st respondent is bound to consider Ext.P8. In that view of the matter, I am inclined to direct that the 1st respondent should consider and pass orders on Ext.P8 review petition filed by the petitioner under Section 15 (A) of the Citizenship Act. This the 1st respondent shall do as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. 4. It is directed that in the meanwhile, further proceedings for deportation of the petitioner will be kept in abeyance subject to the condition that the petitioner will report before the 3rd respondent on every Monday and Thursday between 10 a.m and 11 a.m. It is clarified that in the event petitioner does not comply with the above conditions or does anything illegal, it will be open to the respondents to take appropriate action against the W.P (C) No.2824 of 2011 3 petitioner. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 3 for compliance. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge