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. 26945 of 2008(G) -------------------------- PETITIONERS: --------------- 1. HASSAN ALIAS HASSANKUTTY, KAITHERI VEETTIL AGED 71 YEARS, S/O MOINUDDIN (LATE), PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST KATHRIRUR, KANNUR DISTRICT, KERALA STATE. 2. KUNHIPATHU ALIAS FATHIMA, W/O HASSAN ALIAS HASSANKUTTY, KAITHERI VEETTIL, AGED 60 YEARS, S/O MOINUDDIN (LATE), PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST, KATHIRUR,KANNUR DISTRICT KERALA STATE. BY ADV. SRI.S.ABDUL SALAM RESPONDENTS: --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POICE, KATHIRUR. BY ASG SRI.P.PARAMESWARAN NAIR 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.26945 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 and P3. 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 a 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. 2. I had requested the Asst. Solicitor General to get instructions as to the pendency and status of Exhibits P2 and P3. That have not been so received and I proceed on the premise that Exhibits P2 and P3 are pending before the Secretary , Government of India. W.P ( C) No.26945 of 2008 2 In the result, the writ petition is disposed of directing the 1st respondent to consider Exhibits P2 and P3 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 directions will be operative only if Exhibits P2 and P3 have actually been received by the 1st respondent. Petitioners shall not be deported pending a decision by the 1st respondent on Exhibits P2 and P3. (V.GIRI,JUDGE) ma W.P ( C) No.26945 of 2008 3 W.P ( C) No.26945 of 2008 4