IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29540 of 2010(N) -------------------------- PETITIONER(S): --------------- V.T.IKRAMUL HAQUE, PROPRIETOR, SAHARA HAJJ-UMRAH SERVICE, MAIN ROAD, KOTTAKKAL-676 503. BY ADV. SRI.SEBASTIAN PAUL SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS (HAJ CELL), PANCHMAHAL, AKBAR BHAVAN, NEW DELHI-110 021. 2. THE UNDER SECRETARY (HAJ), MINISTRY OF EXTERNAL AFFAIRS (HAJ CELL), PANCHMAHAL, AKBAR BHAVAN, NEW DELHI-110 021. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29540 OF 2010(N) -------------------------------------------------- Dated this the 28th day of September, 2010 J U D G M E N T Petitioner submits that his proprietory concern Sahara Hajj- Umrah Service, had registration as a Private Tour Operator, which was allotted Haj quota during the year 2009-2010. He has produced Ext.P1 to support this contention. This year, petitioner made an application for registration as a Private Tour Operator. In response to the application he was issued Ext.P3 requiring him to clarify whether he is an accused in a criminal case. Petitioner states that on receipt of Ext.P3, he submitted Ext.P4 requesting for time to furnish the clarification sought for, as he had to obtain and produce various records. It is stated that he did not get any reply to Ext.P4 but however now by Ext.P8 registration has been granted and quota has been alloted to many of the private tour operators excluding the petitioner. It is in this background the writ petition is filed. 2. Petitioner states that as in the past he is entitled to get registration as a Private Tour Operator and allotment of Hajj quota seats. Answering the allegation against him in Ext.P3, he has WPC.No. 29540/2010 :2 : produced Ext.P5 FIR that is registered against him and Ext.P6 proceedings of the Superintendent of police granting permission for taking out procession, demonstration etc.,. He has also produced Ext.P7 order passed by the State Election Commission registering the Social Democratic Party of India as a registered political party of which petitioner submits that he is a member. It is submitted that the criminal case relied on against him was instituted only on account of political vengeance. 3. Irrespective of the merits of the case canvassed by the petitioner, it is evident that the petitioner did not have an opportunity to place his grievance before the first respondent. It was without such an opportunity that the petitioner was denied registration as a Private Tour Operator and Hajj quota was allowed as per Ext.P8 order. In that view of the matter, I feel that it is only appropriate that the first respondent should consider the grievance of the petitioner and for that purpose the petitioner should be allowed to make a representation duly explaining his grievance. Therefore, I dispose of this writ petition with the following directions. WPC.No. 29540/2010 :3 : 4. It will be open to the petitioner to offer the clarification sought for as per Ext.P3, by submitting a representation before the 2nd respondent, which shall be done at any rate within one week from today. It is directed that if a representation as above enclosing a copy of the judgment is submitted, the 2nd respondent shall consider the case and pass appropriate orders within 4 weeks thereafter. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/