IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 27364 of 2008(G) -------------------------- PETITIONERS: 1. RASHEEDA ALIAS RASHIDA BANO, D/O.HASSAN ALIAS HASSANKUTTY KAITHERI VEETTIL, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. 2. AFSAHN MAROOF,GRAND DAUGHTER OF HASSAN ALIAS HASSANKUTTY KAITHERI VEETTIL, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. 3. SADIA MAROOF,AGED 17,MINOR REP.BY ITS MOTHER RASHEEDA ALIAS RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. 4. MUHAMMED QUASSIM,AGED 15,MINOR REP.BY ITS MOTHER RASHEEDA LIAS RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. 5. SUMAIRA MAROOF,AGED 12,REP.BY ITS MOTHER RASHEEDA ALIAS RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. 6. MARIAM MAROOF,AGED 10 YEARS,MINOR REP. BY IS MOTHER RASHEEDA ALIAS RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. 7. ISMAIL,AGED 6 YEARS,MINOR REP.BY ITS MOTHER,RASHEEDA ALIAS RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM,POST KATHIRUR,KANNUR DISTRICT, KERALA STATE. BY ADV. SRI.S.ABDUL SALAM WP(C).No. 27364 of 2008 -2- RESPONDENT(S): --------------- 1. THE UNION OF INDIA,REP.BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,NEW DELHI. 2. THE SUPERINTENDENT OF POLICE,KANNUR DIST . 3. THE SUB INSPECTOR OF POLICE,KATHIRUR. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 GOVT. PLEADER SRI. P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.27364 of 2008 -------------------------- Dated this the 6th November, 2008 J U D G M E N T Petitioners are apprehending a threat of deportation on the ground that they are not citizens of the country. They have moved an application before the Central Government as contemplated by Section 9 (2) of the Citizenship Act, 1955 vide Exhibit P2. As has been held by the Supreme Court and this Court on several occasions, where there is a claim by a person that he is an Indian Citizen and he moves a representation in that regard under Section 9(2) of the Citizenship Act, he is eligible to be retained within the country and is also eligible to resist any attempt to deport him, pending a decision by the competent authority on the application under Section 9 (2) of the Citizenship Act. 2. I had requested the Asst. Solicitor General to get instructions as to the pendency and status of Exhibit P2. That has not been so received and I proceed on the W.P ( C) No.27364 of 2008 2 premise that Exhibit P2 is pending before the Secretary, Government of India. In the result, the writ petition is disposed of directing the 1st respondent to consider Exhibit P2 in accordance with Section 9 (2) of the Indian Citizenship Act, 1955, hear the petitioners or an authorized representative of theirs and take a decision thereon, within a period of three months from the date of receipt of a copy of this judgment along with a copy of writ petition. I make it clear that this directions will be operative only if Exhibit P2 has actually been received by the 1st respondent. Petitioners shall not be deported pending a decision by the 1st respondent on Exhibit P2. (V.GIRI,JUDGE) ma W.P ( C) No.27364 of 2008 3 W.P ( C) No.27364 of 2008 4 (V.GIRI,JUDGE) ma W.P ( C) No.27364 of 2008 5 W.P ( C) No.27364 of 2008 6