IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 24283 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. PATEL NITESHKUMAR MAHENDRABHAI, AGED 22 YEARS, S/O.PATEL MAHENDRABHAI AMRUTLAL, D/93, ILA SOCIETY, INDIA COLONY, THAKKARBAPANAGAR ROAD, BAPUNAGAR, AHMEDABAD-382 345, GUJARAT. 2. PATEL PARESHKUMAR RAMESHBHAI, AGED 20 YEARS, S/O.PATEL RAMESHBHAI NARANBHAI, AT-AMBASAN, TA DI; MEHSANA, NR.RAMJI MANDIR, MEHSANA, GUJARAT. 3. PATEL KALPESHKUMAR NATVARLAL, AGED 23 YEARS, S/O.PATEL NATVARLAL SHANKARBHAI, TUNDALI HARIPURA, MEHSANA, GUJARAT. 4. PATEL CHETANKUMAR RASIKBHAI, AGED 28 YEARS, S/O.PATEL RASIKBHAI PRAHLADDAS, DEVNAGARVAS AT DANGARWA, POST DANGARWA TA KADI, MEHSANA DIST., GUJARAT. 5. PATEL JITENDRAKUMAR ATMARAM, AGED 32 YEARS, S/O.PATEL ATMARAM KACHARDAS, TALPAD, UNDOVAS, POST AMBASAN, MEHSANA, GUJARAT. 6. PATEL NILESHKUMAR RAMESHBHAI, AGED 23 YEARS, S/O.PATEL RAMESHBHAI PRAHLADBHAI, AT-AMBASAN DIST., MEHSANA, VANTA VIBHAG, VADOVAS, GUJARAT. 7. LALANI KARIM KAMRUDDIN, AGED 45 YEARS, S/O.LALANI KAMRUDDIN, SALIMABAD SOCIETY, NR.SANDIP TALKIES, SBI ROAD, YAVATMAL MS. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENT(S): 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE PORT REGISTRATION OFFICER, IMMIGRATION WING, COCHIN INTERNATIONAL AIRPORT, ATHANI P.O., COCHIN-683 585. 3. THE INTELLIGENCE OFFICER, IMMIGRATION WING, COCHIN INTERNATIONAL AIRPORT, ATHANI P.O., COCHIN-683 585. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24283 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th day of August, 2010. J U D G M E N T The petitioners arrived at the Cochin International Airport from Gujarat for onward travel to Guatemala. They claim to be in possession of all travel documents necessary for the same. But the respondents 2 and 3 are not permitting the petitioners to travel, on the ground that there is no necessity for the petitioners who are from Gujarat to come over to Kochi for travelling to Guatemala. According to the petitioners, there is no law prohibiting a person from Gujarat to go to Guatemala through Cochin Airport. 2. In view of the above contention, I specifically directed the Assistant Solicitor General to enlighten this Court as to the provision of law under which respondents 2 and 3 can prevent the petitioners from travelling to Guatemala from Cochin International Airport, if they have all the travel documents necessary for the purpose. The learned Assistant Solicitor General refers me to Section 4(a) of the Emigration Act, 1983, which reads thus: “4. General duties of Protectors of Emigrants:-- Subject to the other provisions of this Act, every Protector of Emigrants shall, in addition to the special duties assigned to him by or under this Act-- (a) protect and aid with his advice all intending emigrants and emigrants; xx xx xx” I am of opinion that that is only an advisory jurisdiction and does not enable respondents 2 and 3 to forcefully prevent the petitioners from travelling to Guateamla if they are otherwise eligible to. There is no law in this country, which says that a person from outside the State of Kerala cannot go abroad from Cochin International Airport. Without W.P.C. No. 24283/2010 -: 2 :- any specific provision of law, respondents 2 and 3 cannot forcibly prevent the petitioners from travelling to Guatemala from Cochin International Airport. Accordingly, this writ petition is disposed of directing the respondents to permit the petitioners to travel to Guatemala from Cochin International Airport, provided they are in possession of all the travel documents necessary for the same and they have complied with all the legal formalities for such travel. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.