IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 21366 of 2010(U) PETITIONER: --------------- M.K.ZUBAIR ALI,S/O KUNJALI, AGED 57 THE MANAGING DIRECTOR, SAYED EBRAHIM BADSHAH, HAJ-UMRAH SERVICE, OPP.CENTRAL JUMA MASJID, TRIPRAYAR P.O.,NATTIKA, THRISSUR. BY ADV. SRI.T.A.RAJAGOPALAN SRI.S.SAJU RESPONDENTS: --------------- 1. UNION OF INDIA, REP.BY SECRETARY TO GOVERNMENT,MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETRIAT, NEW DELHI. 2. DEPUTY SECRETARY (HAJ) MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. TOL:011-26111781/82/FAX 83. 3. ALL INDIA HAJ UMRAH TOUR ORGANIZERS ASSOCIATION, RECOG.BY MINISTRY OF EXTERNAL AFFAIRS REP.BY ITS SECRETARY, 2ND FLOOR, HALIMA MANZIL, 4TH GAVTHAN LANE, OPP.P.O.ANDHERI(WEST)MUMBAI-400058 4. CONSULAR GENERAL OF INDIA, OFFICE OF CONSULAR GENERAL JEDDAH, SOUDI ARABIA-2. 5. THE CHIEF EXECUTIVE OFFICER, HAJ COMMITTEE OF INDIA, P.O.MUMBAI, HAJ HOUSE, 7-A MRA MARG, MUMBAI-1 ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 12.9.2003 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 25.10.2004 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 25.10.2005 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32791 OF 2007 DATED 5.11.2007. EXT.P5 TRUE COPY OF THE LETTER NO.M HAJ/1184/11/07 DATED 16.11.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P6 TRUE COPY OF THE INTERIM ORDER DATED 4.12.2007 IN W.P.(C) NO.34217 OF 2007. EXT.P7 TRUE COPY OF THE INTERIM ORDER DATED 21.7.2009 IN W.P.(C) NO.21573 OF 2009. EXT.P8 TRUE COPY OF THE APPLICATION DATED 18.6.2010 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P9 TRUE COPY OF THE RECEIPT DATED 23.6.2010 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P10 TRUE COPY OF THE REPRESENTATION DATED 2.7.2010 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXT.P11 TRUE COPY OF THE JUDGMENT DATED 22.7.2009 IN W.P.(C) NO.6273 OF 2009 BY A DIVISION BENCH OF THE BOMBAY HIGH COURT. EXT.P12 TRUE COPY OF THE NOTIFICATION DATED 1.6.2010 ISSUED BY THE FIFTH RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 21366 OF 2010 ------------------------------------------------------ Dated this the 28th day of July, 2010 JUDGMENT The petitioner is a tour operator. He runs an establishment under the name and style “Sayed Ebrahim Badshah Haj-Umrah Service” at Triprayar. It is stated that the petitioner is a tour operator for the Haj-Umrah Pilgrimage for the last more than twelve years. 2. For 2003-2004, the petitioner was granted registration by the second respondent, as per Ext.P1. The petitioner has produced Exts.P2 and P3, which are certificates issued for the years 2005 and 2006. For the year 2007, the petitioner submitted application through the third respondent. The application was not considered expeditiously. Therefore, the petitioner filed W.P.(C) No.32791 of 2007, which was disposed of as per Ext.P4 judgment dated 5.11.2007, directing consideration of the application and representation submitted by the petitioner. It is stated that as per Ext.P5 dated 16.11.2007, the request of the petitioner to grant registration and quota was rejected on the ground of paucity of quota. The petitioner filed W.P.(C) No.34217 of 2007 contending W.P.(C) NO.21366 OF 2010 :: 2 :: that quota was available. In that Writ Petition, Ext.P6 interim order dated 4.12.2007 was passed directing the respondents to issue a certificate of registration in the name of the petitioner's concern subject to availability of vacancy for the year 2007-2008. The petitioner states that in spite of the interim order, no action was taken by the respondents. 3. It is stated by the petitioner that in 2009, no quota was allotted to the petitioner. Therefore, he had to approach this Court in W.P.(C) No.21573 of 2009, wherein, Ext.P7 interim order dated 31.7.2009 was passed, which reads as follows: “Assistant Solicitor General seeks time to get instructions. Assistant Solicitor General takes notice on behalf of respondents 1, 2, 4 and 5. Issue notice by speed post to R3. Heard learned counsel for the petitioner and learned Assistant Solicitor General. It is seen that the petitioner has been registered as Tour Operator since 2007. Learned Assistant Solicitor General submits that a decision has been taken to allot 50 pilgrims to Tour operators who have been registered for the last 3 years W.P.(C) NO.21366 OF 2010 :: 3 :: but were not allotted any quota during the last 3 years. Accordingly petitioner's case shall also be considered as a Tour Operator registered during the last three years, but not allotted any quota. The case of the petitioner shall be considered along with other eligible private Tour operators registered during the last three years provided there is no other disqualification incurred by the petitioner. Respondents shall take into account Ext.P1 to P3 also while deciding upon the quota to be allotted to the petitioner.” 4. It is stated by the petitioner that in 2009, his establishment was allotted a quota of only 50 pilgrims, as against his claim for allotment of a quota of 275. For the year 2010, the petitioner submitted Ext.P8 application dated 18.6.2010 through proper channel. It is stated that the petitioner deposited Rs.4 lakhs and prayed for granting a quota of 300 pilgrims. The petitioner also submitted Ext.P10 representation dated 2.7.2010 to the Chairman, Haj Cell, Ministry of External Affairs. 5. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i) to issue a writ of mandamus or order or direction directing the 2nd respondent to issue certificate of W.P.(C) NO.21366 OF 2010 :: 4 :: registration in the name of petitioner's concern “M/s.Sayed Ebrahim Badshah, Haj Umrah Service, Thrissur, Kerala” by allotting Haj Pilgrims quota of 275 numbers for the Haj-2010. ii) to issue a writ of mandamus directing the 2nd respondent to issue certificate of registration to the petitioners concern and allocation of Haj Pilgrims quota of extra 225 for the Haj-2010, to make up for the shortage of quota of 225 for the Haj-2009. iii) to issue a writ of mandamus or order or direction to the 2nd respondent to give the petitioner adequate opportunity of being heard before passing order on Ext.P8 application and Ext.P10 representation. iv) to issue a writ of mandamus or order or direction to the 2nd respondent to consider the Ext.P8 application and Ext.P10 representation, taking into account the claim of the petitioner for quota of 275 on the basis of Ext.P1 to P3. v) to issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. vi) award cost of this writ petition.” W.P.(C) NO.21366 OF 2010 :: 5 :: 6. The learned counsel for the petitioner submitted that the petitioner limits his prayer, for the sake of expeditious disposal of the matter, for a direction to the second respondent to dispose of Ext.P8 application as expeditiously as possible. The learned Assistant Solicitor General of India, Sri.T.P.M.Ibrahim Khan, submitted that Ext.P8 application would be considered in accordance with law and in accordance with the rules and norms in force from time to time. In view of the direction to dispose of Ext.P8 application within a short time, it is submitted by the learned counsel for the petitioner that the petitioner is not insisting on a right of hearing. Learned Assistant Solicitor General of India submitted that the second respondent will dispose of Ext.P8 within two weeks and that after disposal of Ext.P8 application, the order will be communicated to the petitioner without any delay. This submission is recorded. The Writ Petition is disposed of recording the submission of the Assistant Solicitor General of India. Issue certified copy of the judgment to both sides today itself. (K.T.SANKARAN) Judge ahz/