IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18803 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------ 1. KERALA HAJJ GROUP,(KERALA MUSLIM SERVICE TRUST) HIRA CENTRE PO,BOX 883,MAVOOR ROAD,CALICUT 673 004 REP.BY SECRETARY JALEEL MANKARATHODI. 2. JAMATH COUNCIL HAJ AND UMRAH SERVICES, DWARAKA , NEAR WEST OF PALACE MASJID, BEACH ROAD,ALAPPUZHA REP.BY ITS PROPRIETOR A.NAZEER. 3. AL.NAJAH TRAVELS & HAJJ UMRAH SERVICE, ALIF PLAZA COMPLEX, NEAR GOVT.HOSPITAL, KOTHAMANGALAM, ERNAKULAM,PIN 686 691, REPRESENTED BY PROPRIETOR SULAIMAN.V.B. 4. BHARATH TOURS AND TRAVELS, NEAR VELANKANNY SHRINE, KOLLAM REP.BY PROPRIETOR N.YOOSUF KUNJU. 5. BHARATH HAJJ & UMRAH SERVICES, BHARATH TOWER,OPP.TALUK OFFICER, KOLLAM-1, REP.BY ITS PROPRIETOR SHAJAHAN.Y. 6. AL.MADEENA HAJ UMRAH SERVICE AND TRAVELING PUTHANATHANI,NEAR SUNNY MASJID, PO PUNNATHALA,MALAPPURAM DISTRICT,PIN 676 552, REP.BY PROPRITOR MOHAMMED RAFI. 7. MAMPURAM HAJJ & UMRAH SERVICE & TRAVELS, PO VENNIYOOR, MALAPURAM,PIN 676 508,REP.BY PROPRIETOR ALIKUTTY MISLIAR. 8. AL BADAR HAJJ UMRAH SERVICE PUTHANA THANI PUNNATHALA,MALAPPURAM DIST., PIN 676 552, REP.BY PROPRIETOR JEMEELA.P. tss W.P.(C) NO.18803/2011 9. K.H.HAJJ UMRAH GROUP ATTINGAL, NEAR J.K.ARABIC COLLEGE,VALAKKADU, ELAMBA PO, 695 103, ATTINGAL,TRIVANDRUM,REP.BY PROPRIETOR MOHAMMED MOULAVI.K.H. 10. INTIMATE HAJJ & UMRA SERVICES, MALIPPURAM PO, ERNAKULAM 682 511,REP.BY PROPRIETOR,AURANGASEEB. 11. JEDDAH TOURS AND TRAVELS,ROOM NO.20/271, 2ND FLOOR,KORAMBAYIL ARCADE, NEW BUS STAND, MANJERI,KERALA REP.BY PROPRIETOR MOHAMMED .P.P 12. HIRA HAJJ GROUP,C/O.HIRA CHARITABLE TRUST,HILLS ROAD,ALUVA, REP.BY SECRETARY M.B.MOHAMMEDALI. 13. MALHAR HAJJ UMRAH SERVICE,AL.BUKHARI COMPOUND, HASANGADY,MANJESHWAR,KAZARGODE 671 323. REP.BY PROPRIETOR,SAYYID ABDUL RAHMAN SHAHEER THANGAL. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.M.A.MOHAMMED SIRAJ RESPONDENT(S): ------------------------- 1. GOVERNMENT OF INDIA, REP.BY ITS SECRETARY,MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK , NEW DELHI,PIN 110 011. 2. THE JOINT SECRETARY(GULF AND HAJJ), MINISTRY OF EXTERNAL AFFAIRS,SOUTH BLOCK, NEW DELHI,PIN 110 011. 3. THE DEPUTY SECRETARY(HAJJ), MINISTRY OF EXTERNAL AFFAIRS,AKBAR BHAVAN CHANAKYAPURI,NEW DELHI,PIN 110 021. 4. HAJJ COMMITTEE OF INDIA, HAJJ HOUSE, 7-A,MRA MARG,PATTON ROAD, MUMBAI,PIN 400 001. BY ADV. SRI.GEORGE JOSEPH, CGC BY ADV. SRI.P. PARAMESWARAN NAIR, A.S.G. OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 18803/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE HAJ POLICY OF THE IST RESPONDENT FOR THE YEAR 2009. P2:- COPY OF THE HAJ POLICY OF THE IST RESPONDENT FOR THE YEAR 2010. P3:- COPY OF THE JUDGMENT IN WPC. 17946/2010 DTD. 13.9.2010. P4:- COPY OF THE JUDGMENT IN S.L.P. 27032/2010 DTD. 21.9.2010. P5:- COPY OF THE HAJ POLICY OF PRIVATE TOUR OPERATORS HAJ 2011 FRAMED FOR IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18803 OF 2011 ----------------------------------------------------- Dated this the 13th day of July, 2011 J U D G M E N T The main prayer in this writ petition is to; “Call for the records leading to Ext.P5 and quash Ext.P5 and to the extent to which is excludes private Tour Operators which are proprietary concern from applying for registration for Haj 2011 by issue of a writ of certiorari or other writ order or direction.” 2. When the case is taken up today on behalf of the Central Government Counsel, made available a Press Release dated 12th July 2011, which shows that clauses (i), (vii) and (viii) of Ext.P10 Haj Policy 2011 has been amended by the Government of India in the manner as indicated therein. The Press Release reads as under: “In partial modification of the terms and conditions for registration of PTOs, following changes have been made in the eligibility criteria: W.P.(C) No. 18803 OF 2011 -:2:- (1) Clause 1(A) (ii) regarding Documentary Proof of the Establishment: Documents in the name of proprietor/partners shall also be accepted. Clause 1(A) (vii) regarding PAN' Number and copies of Income Tax Clearance certificate of previous three years: PAN card in the name of proprietor will also be accepted provided the company is a proprietary concern. Condition regarding Income Tax clearance certificates has been withdrawn. (3) Clause I (A) (viii) regarding Certified copy of Accounts/Balance sheet of the Firm/Company duly audited and certified by a Chartered Accountant for previous three years: Balance Sheet for the last financial Year (2010-11) must be in the name of the Company. Balance Sheets for the year FY 2008-09 & 2009 -10 in the name of proprietors may also be accepted. (4) Additional Requirement: PTOs registered during Haj – 2010 is required to enclose copies of Moallims Id cards W.P.(C) No. 18803 OF 2011 -:3:- issued to pilgrim who performed Haj through them during last three years.” 3. In view of the above, the grievance of the petitioners stands redressed. In that view of the matter the writ petition is disposed of with the direction that if the petitioners satisfy all conditions of the Haj Policy 2011 as modified by the aforesaid Press Release, their applications will be accepted by the 4th respondent. ANTONY DOMINIC, JUDGE ul/-