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2023 Supreme(Online)(Ker) 58129

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.K.ABDUL NAZAR – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) 14122/2023



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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 22ND DAY OF MAY 2023 / 1ST JYAISHTA, 1945 WP(C) NO. 14122 OF 2023 PETITIONERS:

1 K.K.ABDUL NAZAR AGED 61 YEARS S/O K.A KUTTY MOOSA, PEARL GARDENS, CHANDIROOR PO, ALAPPUZHA, PIN - 688537

2 SONIA NAZAR AGED 56 YEARS W/O K.K.ABDUL NAZAR, PEARL GARDENS, CHANDIROOR PO, ALAPPUZHA, PIN - 688537

3 WASEEM FEROZE AGED 35 YEARS S/O K.K.ABDUL NAZAR, PEARL GARDENS, CHANDIROOR PO, ALAPPUZHA, PIN - 688537 BY ADVS.

E.M.MURUGAN P.R.PRATEESH P.RAKESH (VAIKOM)

K.R.LEKSHMI RESPONDENTS:

1 UNION OF INDIA REP BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, CENTRAL SECRETARIAT NEW DELHI., PIN - 110002

2 BUREAU OF IMMIGRATION GOVERNMENT OF INDIA, REP BY ITS COMMISSIONER EAST BLOCK VIII, LEVEL 5, SECTOR -1, RAMAKRISHNAPURAM, NEW DELHI, PIN - 110022

3 THE IMMIGRATION OFFICER COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, KERALA,, PIN - 683102

4 CHIEF MANAGER, BANK OF BARODA (EARLIER VIJAYA BANK), REGIONAL OFFICE, JOSE JUNCTION, M.G.ROAD, ERNAKULAM., PIN - 682016 SRI.S.MANU, DSGI SRI.NAGARESH NARAYAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.V.KUNHIKRISHNAN, J. --------------------------------

W.P.(C).No.14122 of 2023 ----------------------------------------------

Dated this the 22nd day of May, 2023

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ order or direction in the nature of mandamus or such other appropriate directing the respondents 1 to 3 or the concerned among them to forthwith give the details regarding Look Out Circular or travel ban imposed on the petitioner in the interest of justice.

ii. Issue a writ order or direction in the nature of mandamus or such other appropriate writ directing the respondents 1 to 3 or the concerned among them to lift the Look Out Circular or travel ban imposed on the petitioners in the interest of justice.

iii. Issue a writ order or direction in the nature of certiorari or such other appropriate writ setting aside any Look Out Circular or Travel ban imposed on the petitioners by the respondents in the interest of justice.

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iv. Issue such other writ order or direction that this honourable court deems fit in the facts and circumstance of the case in the interest of justice.

v. To allow the petitioner to recover the full cost incurred for the institution and conduct of the above case from the respondents in the interest of justice.

(SIC)

2. The main prayer in this writ petition is for issuing appropriate direction to respondents 1 to 3 to furnish the details regarding Look Out Circular or travel ban imposed on the petitioners. The petitioners already approached the Ministry of Home Affairs for this purpose and as per Ext.P8, the Ministry informed that the same cannot be furnished. 3. In Ext.P8 it is clearly stated that the petitioners can file an appeal, if they are aggrieved by the same, before the appellate authority, who is the Additional Deputy Director, Intelligence Bureau, New Delhi. If the petitioners are aggrieved by Ext.P8, they have got a statutory remedy against Ext.P8.

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4. The petitioners are free to challenge Ext.P8 in accordance with law before the appellate authority. If such an appeal is received, the statutory authority will consider the same in accordance with law.

With the above observation, this writ petition is disposed of.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF WP(C) 14122/2023 PETITIONER EXHIBITS Exhibit P1 PASSPORT NO N3008799 OF ABDUL NAZER Exhibit P2 PASSPORT BEARING NUMBER R9595899 OF SONIA NAZER Exhibit P3 PASSPORT BEARING NUMBER M2191358 OF WASEEM FEROZE Exhibit P4 TOURIST SINGLE SHORT TERM VISA OF UAE DATED 07.02.2021 Exhibit P5 AIR TICKET ISSUED BY AIRINDIA EXPRESS DATED 20.02.2021 FROM KOCHI TO DUBAI Exhibit P6 AIR TICKET ISSUED BY INDIGO DATED

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25.02.2021 FROM DUBAI TO KOCHI Exhibit P7 LETTER ISSUED BY THE ASSISTANT DIRECTOR BOI KOCHI DATED 17.06.2022 Exhibit P8 REPLY GIVEN

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