IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 23262 of 2010(G) ---------------------------------------- PETITIONER(S): ------------------------ M/S. ALTIMA TOURS AND TRAVELS PRIVATE LTD., CORPORATION BUILDING, M.G.ROAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR, PEER MOHAMMED. BY ADV. SRI.D.KISHORE RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESETNED BY ITS SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS, PRAVASI BHARATIYA KARYA MANTRALAYA GOVERNMENT OF INDIA, AKBAR BHAVAN, SATYA MARG., 'CHANAKYAPURI', NEW DELHI-12 (APPELLATE AUTHORITY UNDER EMIGRATION ACT) 2. PROTECTOR GENERAL OF EMIGRANTS REGISTERING AUTHORITY, OFFICE OF THE PROTECTOR GENERAL OF EMIGRANTS, MINISTRY OF OVERSEAS INDIAN AFFAIRS, PRAVASI BHARATIYA KARYA MANTRALAYA, AKBAR BHAVAN, SATYA MARG., 'CHANAKYAPURI', NEW DELHI-12. R1 & R2 BY ADV. MR.T.P.M. IBRAHIM KHAN, ASST. SG OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23262 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 J U D G M E N T The petitioner is a Recruiting Agent who has been granted a License/Registration Certificate in terms of Section 11 of the Emigration Act. Proceedings were initiated initially for suspension and later for cancellation of the License/Registration Certificate of the petitioner. The same has culminated in Ext.P15 order of cancellation and Ext.P17 order directing forfeiture of the security furnished by the petitioner. Against Ext.P15 order, the petitioner has filed an appeal before the 1st respondent which is pending. Petitioner's grievance in this writ petition is that, the petitioner has got 45 days' time to file an appeal under Section 23 (d) of the Emigration Act, 1983 against Ext.P17 order and Ext.P17 order shall not be implemented till he gets an opportunity to file an appeal and seek for stay of further proceedings pursuant thereto. Petitioner therefore seeks the following reliefs: “a. Call for the records leading to the passing of Exhibit P17 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order. b. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd Respondent to keep in W.P.(C)No.23262 of 2010 -2- abeyance Exhibit P17 order for a period of 45 days so as to enable the petitioner to file appeal against Exhibit P17 order before the 1st respondent u/s. 23 (d) of the Emigration Act, 1983.” 2. I have heard the Assistant Solicitor General also. I am of opinion that, petitioner should be given sufficient time to file an appeal and seek stay of implementation of Ext.P17 order before Ext.P17 should be enforced. Accordingly the writ petition is disposed of with the following directions: Further proceedings for implementation of Ext.P17 order shall be kept in abeyance for a period of 45 days. Petitioner may, if so advised, file an appeal and seek interim orders in that appeal. If the petitioner is not able to obtain an order of stay against Ext.P17 order within the said 45 days it would be open to the respondents to implement Ext.P17. S. SIRI JAGAN JUDGE shg/