IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8916 of 2010(L) -------------------------------------- PETITIONER(S): ------------------------ AHAMMED ABDULLA. E.K. S/O.ABDULLA ALIAS ABDULLA QUID AHMED NOW RESIDING AT FAISAL MANZIL, ANAKUZHIKKARA, KUTTIKATTUR POST, KOZHIKODE DIST., KERALA. BY ADV. MR.S.ABDUL SALAM RESPONDENT(S): -------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE DIST. 3. THE SUB INSPECTOR OF POLICE. KOZHIKODE MEDICAL COLLEGE, 4. THE SECRETARY HOME (SSB) DEPARTMENT. SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA. R2 TO R4 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8916 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2010. JUDGMENT The petitioner is seeking for a direction to the Central Government to take a decision on Ext.P2 application under Section 5(1)(f) of the Indian Citizenship Act, 1955. The circumstances under which he has filed the said application are the following: 2. The petitioner was born to an Indian lady while she was residing along with her legally wedded husband in U.A.E. He was born in Sharjah in the year 1989. He was studying in different schools in Kerala since 1993. The petitioner's uterine mother is an Indian citizen and her parents are also Indian citizens. His mother Smt. Kunhi Ameena alias Kunjamina was born to the Indian parents on 8.8.1965 at Kuttikattur village, Kozhikode Kozhikode Taluk, Kozhikode District. Her deceased father, viz. Easakandakath Bava was an Indian citizen and permanent resident of Kozhikode district and the petitioner's grand mother, viz. Kadeeja is an Indian citizen who was also born to the Indian parents. The petitioner's grand parents were residing in India on 26.1.1950. It is therefore pointed out that the petitioner's mother is an Indian citizen by virtue of Article 5 of wpc 8916/2010 2 the Constitution of India. 3. The marriage of the petitioner's mother with Shri Abdulla Quid Ahmed who is a holder of Yemen Passport, took place on 14.7.1984 at Kozhikode in accordance with the Islamic principles. After a short period of marrige, the petitioner's father went back to Sharjah and later the mother of the petitioner was also taken to Sharjah and she gave birth to two children inclduing the petitioner, viz. Faisal Abdulla and Ahmed Abdulla. The petitioner came back to India in 1993 along with his mother and brother. The petitioner had completed LKG, UKG and 1st standard in Salman Salman Farisi School, Sharjah and standards 2 to 4 in Balamandiram, Kozhikode. He completed his education in Kerala and now he is working as Designer in a private firm. It is pointed out that now the petitioner and his family are residing in Kozhikode. The petitioner's application seeking for grant of stay facilities in Kozhikode, is reflected in Ext.P2 representation. It is submitted that no enquiry has been conducted so far and the police authorities are trying to deport him. It is in these circumstances, this writ petition has been filed. 4. Heard learned Asst. Solicitor General appearing for the respondents. 5. In the light of the fact that Ext.P2 is pending consideration before wpc 8916/2010 3 the Government of India, there will be a direction to the first respondent to consider and pass orders on Ext.P2 filed by the petitioner seeking the benefit of Section 5(1)(f) of the Indian Citizenship Act, 1955. The same shall be done within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner. In the meanwhile, the petitioner shall not be deported. He will report before the third respondent once in two weeks during this period. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/