IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 34671 of 2005(C) --------------------------------------- PETITIONER: ------------------- PUTHIYAVEETTIL BALAKRISHNAN NAIR, PRAVEEN MANDIRAM, NEAR THIRUVANGAD GIRLS HIGH SCHOOL, THALASSERY-3, KANNUR DISTRICT. BY ADV. SRI.T.A.RAMADASAN. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP.BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI. 2. THE JOINT SECRETARY, MINISTRY OF EXTERNAL AFFAIRS (SPECIAL KUWAIT CELL) ISIL BUILDING, BHAGAWAN DAS ROAD, NEW DELHI. ADV. SRI. P. PARAMESWARAN NAIR, ASSISTANT S.G FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34671/2005-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED FROM THE R.2. EXT.P.2: COPY OF THE LAWYER NOTICE TO THE R.2. DTD. 19/08/98. EXT.P.3: COPY OF THE REPLY SENT BY THE R.2. DTD. 31/08/98. EXT.P.4: COPY OF THE LETTER SENT BY THE PETITIONER TO THE R.2. DTD. 26/06/2000. EXT.P.5: COPY OF THE APPLICATION FORM. EXT.P.6: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE R.2. DTD. 18/03/04. EXT.P.7: COPY OF THE PAPER PUBLICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 17/03/2004. EXT.P.8: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE R.2. DTD. 09/08/05. EXT.P.9: COPY OF THE REPLY GIVEN BY THE R.2. DTD. 27/09/05. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 34671 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The Writ Petition is filed with the following prayers: a) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to take necessary steps to get Ext.P5 application allowed; b) Issue a writ of certiorari or any appropriate writ, order or direction, calling for the records relating to Ext.P9 and quash the same; c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to pass order on Ext.P8 representation afresh; 2. On 25.07.08, this Court passed the following order: “In case no counter affidavit is filed within a period of six weeks from today, the second respondent shall be present before this Court with records to assist the Court.” There is no counter affidavit yet. Therefore, Ext.P9 is quashed. W.P.(C).No. 34671 OF 2005 -:2:- There will be a direction to the 2nd respondent to pass orders on Ext.P8 representation afresh with notice to the petitioner within a period of three months from the date of receipt of a copy of the judgment along with a copy of the Writ Petition. (KURIAN JOSEPH, JUDGE) ttb