IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 21203 of 2011(A) -------------------------- PETITIONER(S): ----------------------- NIZARMOOSAKUTTY,NAJUMA MANZIL,VAKKOM P.O THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------------ THE SUPERINTENDENT OF POLICE & FOREIGNERS REGISTRATION OFFICER, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM 695 001. *ADDL.R2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI 110 001 (*ADDL.R2 IS IMPLEADED AS PER ORDER IN IA NO.13372/11 DT 25/8/2011) SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21203/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER. EXT.P2: TRUE COPY OF THE DISCHARGE BILL DT 24.6.2011. EXT.P3: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 19.7.11. EXT.P4: TRUE COPY OF THE CHALAN RECEIPT DATED 19.7.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21203 OF 2011 ===================== Dated this the 25th day of August, 2011 J U D G M E N T Petitioner is a citizen of United Kingdom and is married to an Indian citizen. According to the petitioner, his visa to live in India is valid till 19.6.2012. It is stated that he came to India on 14/7/2010 and on his way back, when he went to Trivandrum Airport for return journey, he was not allowed to board the flight on the allegation that he stayed in India for a period of more than 6 months without registration. Thereupon he submitted Ext.P3 application for extended stay in India and remitted `1,400 towards fine. Orders were not passed on Ext.P3, as a result of which, registration was not granted for the extended stay. It is in these circumstances, this writ petition has been filed seeking direction to the respondents to pass orders on Ext.P3 in order to enable the petitioner to go out of the country. 2. On behalf of the 1st respondent, statement dated 17th of August, 2011 has been filed by the Sub Inspector of Police, Chirayinkeezhu Police Station. It is stated that the petitioner came to India on 14/7/2010 on the basis of a valid visa granted by the WPC No. 21203/11 :2 : High Commission of India at London. According to the 1st respondent, a foreign citizen staying in India continuously for more than 6 months is liable to register before the District Police Chief, who is the designated Foreigners Registration Officer. Respondents submit that this requirement was not complied with by the petitioner. 3. Subsequently, petitioner submitted Ext.P3 application on 19/7/11 and produced the chelan receipt of `1400 and that on receipt of Ext.P3, the same has been sent to the Deputy Superintendent of Police, District Special Branch (Rural) for conducting a detailed enquiry about the petitioner's antecedents before issuing exit permit. It is further stated that on enquiry, it was found that on a complaint made by his wife, Chirayinkeezhu Police Station registered Crime No.692/11 under Section 420, 498 A and 34 of the Indian Penal Code. Petitioner was questioned and on the disclosures made, it was found that the petitioner has not committed any offences under Section 420. 4. Respondents submit that the investigation into Crime No.692/11 is being continued and will be concluded within a month's time and that thereafter the matter will be reported to the Superintendent of Police, Trivandrum in order to take a WPC No. 21203/11 :3 : decision on Ext.P3 application of the petitioner. 5. Thus from the statement filed, it is evident that the pendency of the investigation into Crime No.692/11 of the Chirayinkeezhu Police Station is the reason for the delay in taking a decision on Ext.P3 application made by the petitioner. Necessarily, having regard to the requirement of the petitioner to leave the country, the investigation should be completed on an expeditious basis so that appropriate decision on Ext.P3 could be taken. Therefore, I direct that the investigation be completed as expeditiously as possible, at any rate within 3 weeks from the date of receipt of a copy of this judgment and thereupon the matter will be reported to the 1st respondent, who shall take a decision on Ext.P3 within one week thereafter based on which the request of the petitioner for exit permit will be dealt with. I direct the petitioner to produce a copy of this judgment before the Deputy Superintendent of Police, District Special Branch (Rural) Trivandrum, who shall complete the endeavour as directed above and make a report to the 1st respondent within the time specified. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp