High Court of KeralaWP(C)/30428/2004closed

Malavakandi Moosa v. The Union Of India

2015-09-07Honourable Mr. Justice A.V.Ramakrishna Pillai3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 30428 of 2004 (V) ------------------------------------------- PETITIONER(S) :

-------------------------- MALAVAKANDI MOOSA, S/O.ABDURAHIMAN, AGED 76 YEARS, PALODANKANDIYIL, POST NADAPURAM, (VIA) BADAGARA, CALICUT DISTRICT, KERALA.

BY ADV. SRI.MOHAMMED RAFIQ RESPONDENT(S) :

----------------------------

1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI.

2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

3. THE SUPERINTENDENT OF POLICE, KOZHIKODE.

4. THE SUB INSPECTOR OF POLICE, NADAPURAM.

R1 BY ADV. SRI.N.NAGARESH, ASG OF INDIA ADV. SRI.DINESH R.SHENOY, CGC R2 TO R4 BY SR.GOVERNMENT PLEADER SRI.SAIDALAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 30428 of 2004 (V) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT P1: TRUE COPY OF THE PETITION DATED 21ST SEPTEMBER, 2004 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER SECTION 9(2) OF THE CITIZENSHIP ACT.

EXHIBIT P1(A):TRUE COPY OF POSTAL RECEIPT DATED 21.09.2004. RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.30428 of 2004 = = = = = = = = = = = = = = = = = = Dated this the 7th day of September, 2015

JUDGMENT

The learned counsel for the petitioner submitted that the petitioner is no more. The prayer in the writ petition is for a stay of all proceedings for arrest, detention and deportation of the petitioner under the Foreigner's Act.

As the petitioner is no more, there is no surviving cause of action. Therefore, the writ petition is closed without going into the merits.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj