IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22081 of 2011(I) -------------------------- PETITIONER(S): --------------------- KOTTIKULAM NADUTHOPPIL MOHAMMED JIFFREY S/O.LATE K N KUNHI AHAMED, KOTTIKULAM NADUTHIPPIL HOUSE,KOTTIKULAM, BEKAL POST, KASARAGOD DISTRICT KERALA STATE PIN 671 318. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP BY SECRETARY TO GOVT OF KERALA HOME MINISTRY, NORTH BLOCK, SECRETARIAT THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR GENERAL OF POLICE KERALA POLICE, HEAD QUARTERS THIRUVANANTHAPURAM-695001. 3. UNION OF INDIA,REP BY SECRETARY TO GOVT OF INDIA MINISTRY OF HOME AFFAIRS, NEW DELHI-110011. 4. THE DISTRICT COLLECTOR KASARAGODE DISTRICT, COLLECTORATE, KASARAGODE KERALA PIN 671 123. 5. THE SUPERINTENDENT OF POLICE KASARAGODE DISTRICT POLICE OFFICE KASARAGODE ,KERALA PIN 671 123. ADV. SMT.GOVINDA P.RENUKADEVI, CGC FOR R3 SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22081/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA PASSPORT NO.ICMO 40778 DATED 12.12.2008 RENEWED UP TO 12.6.13 ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY INDIAN PASSPORT NO.H1007105 DT 7.11.2008 VALID UPTO 6.11.2018 ISSUED TO PETITIONER'S MOTHER SULEIKHA AHAMED. EXT.P3: TRUE COPY OF TESTIMONIAL DATED 11.10.2010 ISSUED by the CHEMMANAD MAHINKA THARWAD FOUNDATION (REGD) ENCLOSIGN FAMILY CHART OF THE PETITIONER. EXT.P4: TRUE COPY OF MARRIGE CERTIFICATE OF THE PETITIONER AND WIFE SMT.BEKAL NAFEESA. EXT.P5: INDIAN PASSPROT NO.J6865064 DT 19.5.2011VALID UPTO 18/5/2021 ISSUED TO PETITIONER'S WIFE. EXT.P6: TRUE COPY OF CERTIFICATE FOR PERSONS WITH DISABILITY ISSUED BY KASARAGODE DISTRTICT DISABILITY BOARD, DT 26.9.2007 CERITIFYING 60% PERMANENT LOCOMOTOR IMPAIRMENT DISABILITY. EXT.P7: TRUE COPY OF NEWSPAPER CUTTINGS REGARDING PETITIONER'S DAUGHTER FATHIMA SHADRA HIGHEST MARKS IN PLUS 2. EXT.P8: TRUE COPY OF LETTER DT 15.1.2009 BY PETITIONER TO THE DISTRICT COLLECTOR, KASARAGODE. EXT.P9: TRUE COPY OF REPLY LETTER DT 18.9.2010 BY ADDL.CHIEF SECRETARY GOK TO THE MINISTRY OF HOME AFFAIRS, GOI DT 18.9.2010. EXT.P10: TRUE COPY OF LETTER DT 8.9.2010 BY HOME G DEPTT. GOI TO THE SECRETARY TO GOK. EXT.P11: TRUE COPY OF LETER DT 5.10.2010 BY HOME G DEPTT. GOI TO THE SECRETARY TO GOK. EXT.P12: TRUE COPY OF PETITIONER'S REPRESENTATION DATED 1.2.2010 TO THE SECRETARY MHA,GOI (MINISTRY OF HOME AFFAIRS, GOVT.OF INDIA). EXT.P13: TRUE COPY OF JUDGMENT OF HIGH COURT OF KERALA IN WPC 6134/2010. EXT.P14: TRUE COPY OF LETTER DT 10.2.2011 BY ADDL.CHIEF SEC. TO GOK, HOME G DEPT. TO THE DISTRICT COLLECTOR, KASARAGODE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22081 OF 2011 ===================== Dated this the 24th day of August, 2011 J U D G M E N T The prayer sought in this writ petition reads as under:- “1. writ of mandamus directing the 1st and 2nd respondents to assure taking of all requisite steps to facilitate finalization of petitioner's application for Indian Citizenship by the 3rd respondent Union of India as already directed by this Hon'ble Court by earlier judgments in (Ext.P13) WP(C) 6134 of 2010 and also to instruct avoidance of disturbances/harassments to the petitioner from the Special branch or other departments of the Kerala Police and/or such other authorities pending such finalizing”. 2. Petitioner claims that he is a person of Indian origin born in Sri Lanka on 4/7/1960. According to the petitioner, he along with his family, is living in Hosdurg Taluk in Uduma Village, Kasargod District. It is stated that he had made applications for registration under Section 5(1)(c) of the Indian Citizenship Act, 1955. It is stated that application was directed to be considered in Ext.P13 judgment of this Court in WP(C) No.6134/2010. Thereafter the Government of Kerala have called for reports from the District Collector as per Ext.P14. It is stated that such proceedings are pending and on that basis, this writ petition has been filed with the prayer mentioned above. WPC No. 22081/11 :2 : 3. Ext.P13 judgment in WP(C) No.6134/2010 was rendered by this Court on 24/2/2010. In that judgment, this Court directed the 1st respondent, Government of India to consider Ext.P10 representation mentioned therein, where the petitioner sought for registration as an Indian citizen. Even the previous communication of the Government of India namely Ext.P10 herein also shows that the petitioner's request was under Section 5(1)(c). 4. Learned counsel appearing for the 1st respondent has today produced before me a communication from the Government of Kerala dated 30/6/2010 addressed to the Government of India wherein details of seven criminal cases where the petitioner is an accused have been furnished and on that basis the Government of Kerala have stated that the application of the petitioner for citizenship cannot be recommended as he does not fulfill the conditions for obtaining citizenship by registration. It is pointed out it is accepting such recommendation that the Government of India have issued Ext.P11 dated 5/10/2010 rejecting the application of the petitioner for Indian citizenship under Section 5(1)(c) of the Indian Citizenship Act. Thus the application which was pending before WPC No. 22081/11 :3 : the Government of India was one under Section 5(1)(c) of the Act and the said application now stands rejected by Ext.P11 order. These orders are not under challenge. In such circumstances, there arise no question of this Court issuing any direction as sought for in this writ petition. Therefore the writ petition fails and is dismissed. Needless to say that if the petitioner is entitled to make any other application, this judgment will not stand in his way. ANTONY DOMINIC, JUDGE Rp