M A Azeez v. Haj Committee Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 7629 of 2015 (C) --------------------------- PETITIONER(S):

-------------- M A AZEEZ AGED 48 YEARS S/O.AHMED PILLAI, MOLATH HOUSE, EDAYAPPURAM ALUVA ERNAKULAM DISTRICT.

BY ADV. SRI.M.M.ABDUL RAHIMAN RESPONDENT(S):

-------------- 1 HAJ COMMITTEE OF INDIA MINISTRY OF EXTERNAL AFFAIRS, HAJ HOUSE, 7-A M.R.A MARG (PALTON ROAD), MUMBAI-400 001.

Addl.2. KERALA STATE HAJ COMMITTEE HAJ HOUSE, CALICUT AIRPORT PO., MALAPPURAM DISTRICT PIN - 673 647, REPRESENTED BY ITS EXECUTIVE OFFICER. Addl.3. THE PASSPORT OFFICER REGIONAL PASSPORT OFFICE, ERNAKULAM, PIN - 682 036. ADDL.R2 AND R3 ARE IMPLEADAED AS PER ORDER DATED 12.03.2015 IN IA 3803/15.

R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7629 of 2015 (C) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1 - TRUE COPY OF THE PETITION NUMBERED AS M.P.NO.514 OF 2015 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.

RESPONDENT(S)' EXHIBITS NIL ------------------------ //TRUE COPY// P.A TO JUDGE

A.M.SHAFFIQUE, J.

------------------------------------------------ W.P.(C) No.7629 of 2015 ----------------------------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

Petitioner has approached this Court seeking for the following reliefs:

i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent to extend the time limit stipulated for presenting passport for another 2 weeks.

ii) Pass such other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. It is contended that the petitioner had applied for a Haj visa. But, he was unable to submit the passport within time and hence, seeks for extension for time for submitting his passport.

3. Learned Assistant Solicitor General, on instructions, submits that the applications for Haj pilgrimage were to be submitted as on 20.02.2015, which was further extended to 02.03.2015. Any such applicant should have passport issued by the competent authority as on 02.03.2015. The said date cannot be extended as various formalities have to be complied with by

W.P.(C) No.7629/2015 the Central Government for processing Haj visa.

4. Having regard to the fact that the petitioner was not having a passport as on 02.03.2015, apparently the petitioner is not eligible to apply and therefore, in the absence of any procedure for extension of time by the Central Government, it may not be possible for this Court to grant extension of time to the petitioner for producing the passport. I do not think that the petitioner is entitled for getting the reliefs as prayed for. Accordingly, the writ petition is dismissed.

Sd/- A.M.SHAFFIQUE, JUDGE vdv