IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 6856 of 2010(F) ------------------------- PETITIONER(S): --------------- MOOSA ALIAS KUNHI MOOSA, AGED 64 YEARS, S/O.MAMMU(LATE), VALAPPIL HOUSE, PULLOOKARA, MUKKILPEDIKA, PULLOOKARA POST, NEAR PERINGALA PANCHAYATH OFFICE, KANNUR DISTRICT, KERALA STATE. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): --------------- 1. THE UNION OF INDIA,REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTEDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHOCKLI POLICE STATION. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 GOVERNMENT PLEADER, SHRI P.NARAYANAN FOR R2 AND R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6856 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE PULLOOKARA JUMA MASJID DATED 3/7/2008 TO THE PETITIONER. EXT.P2 TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE PETITIONER ISSUED BY THE THAYYULLATHIL MUSLIM L.P.SCHOOL. EXT.P3 TRUE COPY OF PETITION DATED 21/02/2010 BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE POSTAL RECEIPT DATED 01/03/2010 SENT TO THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 28/10/1995 IN W.A.NO.1309/1995. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6856/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 J U D G M E N T The petitioner herein is seeking for a direction to the first respondent to take a decision on Ext.P3 application filed under Section 9(2) of the Indian Citizenship Act. 2. The petitioner was born to Indian parents in the year 1946 at Pullookara Panoor Village of Thalassery Taluk in Kannur District. His date of birth is 05/03/1943. The petitioner is married to Smt.Nabeesu Valappil and the marriage took place in the year 1965 and is permanently residing in Kannur District. They are having three children in the wedlock. It is averred that the marriage is still subsisting. He went to Karachi in 1971 for eking out his livelihood and came back to India in January 2010. He wants to stay in India permanently. 3. It is upto the first respondent to take a decision on Ext.P3 in accordance with law. Therefore, there will be a direction to the first respondent to take a decision on Ext.P3 and communicate the same to the petitioner within a period of four months from the date of receipt of a copy of this Judgment after providing sufficient opportunity to the petitioner to adduce evidence and for a personal hearing. Till then, there will be an order directing that the W.P.(C). No.6856/2010 -:2:- petitioner shall not be arrested and deported. This writ petition is disposed of accordingly. The petitioner will forward a copy of this writ petition along with a copy of this Judgment for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms