IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17289 of 2011(I) -------------------------- PETITIONER: --------------- K.A.MOIDU,AGED 76 YEARS, S/O.LATE MOHAMMED,NOW RESIDING AT "DALIYA", KATHIRUR.P.O,THALASSERY TALUK,EAST KATHIRUR VILLAGE,KANNUR DISTRICT,KERALA STATE. BY ADV. MR. ESM.KABEER MS. M.R.JAYALATHA RESPONDENTS: --------------- 1. THE UNION OF INDIA,REPRESENTED BY THE SECRETARY,MINISTRY OF HOME AFFAIRS,NEW DELHI 110001 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT 670001 3. THE SUB INSPECTOR OF POLICE, KATHIRUR POLICE STATION,KATHIRUR, KANNUR DISTRIC 670001 *4. THE DISTRICT COLLECTOR, KANNUR *5. THE FOREIGN REGISTRATION OFFICER, DISTRICT POLICE CHIEF, KANNUR (*IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER IN I.A. NO. 10342 OF 2011 DATED 29.06.2011) R1 BY ADV. MS. GOVINDA P.RENUKADEVI, CGC R2 TO R5 GOVERNMENT PLEADER MR. P. N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : W.P.(C) NO. 17289 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE RELEVANT EXTRACT OF THE ADMISSION REGISTER OF THE PETITIONER DATED 07.09.88 EXT.P2 : TRUE COPY OF MARRIAGE CERTIFICATE OF THE PETITIONER DATED 13.10.2005 EXT.P3 : TRUE COPY OF THE RELEVANT EXTRACT OF THE ADMISSION REGISTER OF ONE OF THE PETITIONER'S DAUGHTER DATED 07.09.1998 EXT. P4 : TRUE COPY OF THE RESIDENTIAL PERMIT ISSUED BY THE FOREIGN REGISTRATION OFFICER, PONDICHERRY DATED 08.03.2011 EXT. P5 : TRUE COPY OF THE QUIT ORDER NO. D3 (b) / 17454 / 2010 DATED 10.06.2011 ISSUED BY THE SECOND RESPONDENT. EXT. P6 : TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE PETITIONER UNDER SECTION 5 (1) (f) OF THE CITIZENSHIP ACT, 1955 DATED 24.0.6.2011 BEFORE THE 1ST RESPONDENT. EXT. P7 : TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER. EXT. P8 : TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 1309 / 1995 DATED 28.10.1995 EXT. P9 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM ON 28.06.2011 EXT. P10 : TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DOCTOR C.K. RAJEEV NAMBIAR, M.D. DM., MEDICAL SUPERINTENDENT AND DIRECTOR, THALASSERRY CO-OPERATIVE HOSPITAL. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 17289 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th June , 2011 JUDGMENT The petitioner is stated as constrained to approach this Court apprehending arrest and deportation, pursuant to the Ext. P5 quit order issued by the respondents. 2. The case of the petitioner is that, he was born in Kannur district and studied in India up to 8th standard as discernible from Ext. P1. He got married to one Smt. C.A. Rabiya in India, as borne by Ext. P2 and children were born in the said wedlock, which is evident from Ext. P3 admission particulars of the petitioner's daughter in the concerned school. In the course of time, the petitioner had to go to Pakisthan and had secured Pakisthan passport. Subsequently, he came back to India and is residing here from 08.02.2007 onwards. In order to get the Indian citizenship, the petitioner has preferred Ext. P6 application under Section 5 (1) (f) of the Citizenship Act, 1955 before the first respondent. It was in the meanwhile, that Ext. P5 order was passed by the competent authority, who is the additional 5th respondent herein, which made the petitioner to approach this Court for appropriate reliefs. W.P. (C) No. 17289 of 2011 : 2 : 3. Heard the learned Central Government Counsel appearing for the first respondent and the learned Government Pleader appearing for the other respondents as well. 4. The learned Central Government Counsel appearing for the first respondent submits that the application preferred by the petitioner can be considered, only if it is in the 'proper from' and routed through the concerned District Collector, who is the competent authority to make the necessary recommendations. The materials produced along with the writ petition reveal that Ext. P6 application preferred by the petitioner was not in proper form and further that the District Collector is not a party to the present proceedings; submits the learned counsel. 5. The learned counsel for the petitioner submits that the defects as mentioned above stand cured as on date. On realizing the mistake, proper application in the prescribed format as borne by 'Ext. P9' has been preferred before the concerned District Collector and the District Collector, Kannur and the concerned authority who has passed Ext. P5 impugned in this writ petition, have been brought in the party array as the additional respondents 4 and 5. 5. After hearing both the sides, this Court finds that, the matter could be disposed of, giving appropriate directions to the additional 4th W.P. (C) No. 17289 of 2011 : 3 : respondent and to the first respondent so as to finalize the pending proceedings. Accordingly, the additional 4th respondent is directed to consider Ext. P9 application and after enquiry, send a report along with recommendation if any, simultaneously forwarding the said application as well, to be considered by the first respondent, which shall be effected within a period of 'one month' from the date of receipt of a copy of this judgment. On receipt of the proceedings as above from the additional 4th respondent, the first respondent shall consider the matter and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. Implementation of Ext. P5 quit notice issued by the additional 5th respondent shall be kept in abeyance till such time. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the additional 4th respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd