IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 5840 of 2010(D) -------------------------------------- PETITIONER(S): ---------------------- FAISAL ABDULLA. E.K, S/O.ABDULLA @ ABDULLA QUID AHMED FAISAL MANZIL, ANAKUZHIKKARA, KUTTIKATTUR POST, KOZHIKODE DIST, KERALA. BY ADV. MR.S.ABDUL SALAM RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESNTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE DIST. 3. THE SUB INSPECTOR OF POLICE, KOZHIKODE MEDICAL COLLEGE,. 4. THE SECRETARY HOME (SSB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM . R1 BY ADV. MR.T.P.M.IBRAHIM KHAN, ASST. SG OF INDIA. R2 TO R4 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5840/2010-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY THE BOARD OF PUBLIC EXAMINATION, KERALA IN FAVOUR OF THE PETITIONER. EXT.P2: COPY OF THE DIPLOMA IN CIVIL ENGINEERING ISSUED BY THE ALL INDIA EDUCATIONAL SOCIETY IN FAVOUR OF THE PETITIONER. EXT.P3: COPY OF THE PETITION DATED 15/02/2010 BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE SPEED POST RECEIPT DATED 16/09/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5840 OF 2010 --------------------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The petitioner was born in U.A.E to an Indian lady namely, Kunhamina. The petitioner's mother was married to a Yemen citizen in the year 1984. The marriage took place at Kozhikode. The petitioner came to Kerala in the year 1993 for the purpose of education. Presently, he is married also. It is stated that he is residing along with his mother and wife in her house at Kozhikode. 2. The petitioner is seeking for a direction to 1st respondent to consider and dispose of the application filed as per Exhibit P3 seeking the benefit of Section 5(1)(f) of the Indian Citizenship Act 1955. It is submitted that under the above provision, the foreigner has a statutory right to file application for registration in accordance with the procedure. Apprehending deportation, the petitioner has filed this writ petition. Since Exhibit P3 application is pending before the W.P.(C) No.5840/2010 2 1st respondent, there will be a direction to the 1st respondent to take a decision on Exhibit P3 within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner can produce any additional materials or remit any prescribed fee if any to prosecute the said application. In the meanwhile, the petitioner shall not be deported. The petitioner will forward a copy of this writ petition along with a copy of this judgment to the 1st respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp