High Court Kerala High Court

M.K.Zubair Ali vs Union Of India on 28 July, 2010

Kerala High Court
M.K.Zubair Ali vs Union Of India on 28 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21366 of 2010(U)


1. M.K.ZUBAIR ALI,S/O KUNJALI, AGED 57
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REP.BY SECRETARY TO
                       ...       Respondent

2. DEPUTY SECRETARY (HAJ)

3. ALL INDIA HAJ UMRAH TOUR ORGANIZERS

4. CONSULAR GENERAL OF INDIA,

5. THE CHIEF EXECUTIVE OFFICER,

                For Petitioner  :SRI.T.A.RAJAGOPALAN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :28/07/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                    W.P.(C). NO. 21366 OF 2010
             ------------------------------------------------------
              Dated this the 28th day of July, 2010

                                JUDGMENT

The petitioner is a tour operator. He runs an establishment

under the name and style “Sayed Ebrahim Badshah Haj-Umrah

Service” at Triprayar. It is stated that the petitioner is a tour operator

for the Haj-Umrah Pilgrimage for the last more than twelve years.

2. For 2003-2004, the petitioner was granted registration by

the second respondent, as per Ext.P1. The petitioner has produced

Exts.P2 and P3, which are certificates issued for the years 2005 and

2006. For the year 2007, the petitioner submitted application

through the third respondent. The application was not considered

expeditiously. Therefore, the petitioner filed W.P.(C) No.32791 of

2007, which was disposed of as per Ext.P4 judgment dated

5.11.2007, directing consideration of the application and

representation submitted by the petitioner. It is stated that as per

Ext.P5 dated 16.11.2007, the request of the petitioner to grant

registration and quota was rejected on the ground of paucity of

quota. The petitioner filed W.P.(C) No.34217 of 2007 contending

W.P.(C) NO.21366 OF 2010

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that quota was available. In that Writ Petition, Ext.P6 interim order

dated 4.12.2007 was passed directing the respondents to issue a

certificate of registration in the name of the petitioner’s concern

subject to availability of vacancy for the year 2007-2008. The

petitioner states that in spite of the interim order, no action was taken

by the respondents.

3. It is stated by the petitioner that in 2009, no quota was

allotted to the petitioner. Therefore, he had to approach this Court in

W.P.(C) No.21573 of 2009, wherein, Ext.P7 interim order dated

31.7.2009 was passed, which reads as follows:

“Assistant Solicitor General seeks time to get

instructions. Assistant Solicitor General takes notice on

behalf of respondents 1, 2, 4 and 5. Issue notice by

speed post to R3.

Heard learned counsel for the petitioner and

learned Assistant Solicitor General. It is seen that the

petitioner has been registered as Tour Operator since

2007.

Learned Assistant Solicitor General submits that a

decision has been taken to allot 50 pilgrims to Tour

operators who have been registered for the last 3 years

W.P.(C) NO.21366 OF 2010

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but were not allotted any quota during the last 3 years.

Accordingly petitioner’s case shall also be considered as

a Tour Operator registered during the last three years,

but not allotted any quota. The case of the petitioner

shall be considered along with other eligible private Tour

operators registered during the last three years provided

there is no other disqualification incurred by the

petitioner. Respondents shall take into account Ext.P1

to P3 also while deciding upon the quota to be allotted

to the petitioner.”

4. It is stated by the petitioner that in 2009, his establishment

was allotted a quota of only 50 pilgrims, as against his claim for

allotment of a quota of 275. For the year 2010, the petitioner

submitted Ext.P8 application dated 18.6.2010 through proper

channel. It is stated that the petitioner deposited Rs.4 lakhs and

prayed for granting a quota of 300 pilgrims. The petitioner also

submitted Ext.P10 representation dated 2.7.2010 to the Chairman,

Haj Cell, Ministry of External Affairs.

5. The reliefs prayed for by the petitioner in the Writ Petition

are the following:

“i) to issue a writ of mandamus or order or direction

directing the 2nd respondent to issue certificate of

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registration in the name of petitioner’s concern

“M/s.Sayed Ebrahim Badshah, Haj Umrah

Service, Thrissur, Kerala” by allotting Haj Pilgrims

quota of 275 numbers for the Haj-2010.

ii) to issue a writ of mandamus directing the 2nd

respondent to issue certificate of registration to

the petitioners concern and allocation of Haj

Pilgrims quota of extra 225 for the Haj-2010, to

make up for the shortage of quota of 225 for the

Haj-2009.

iii) to issue a writ of mandamus or order or direction

to the 2nd respondent to give the petitioner

adequate opportunity of being heard before

passing order on Ext.P8 application and Ext.P10

representation.

iv) to issue a writ of mandamus or order or direction

to the 2nd respondent to consider the Ext.P8

application and Ext.P10 representation, taking

into account the claim of the petitioner for quota of

275 on the basis of Ext.P1 to P3.

v) to issue such other writ, order or direction which

this Hon’ble Court may deem fit and proper in the

facts and circumstances of the case.

vi) award cost of this writ petition.”

W.P.(C) NO.21366 OF 2010

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6. The learned counsel for the petitioner submitted that the

petitioner limits his prayer, for the sake of expeditious disposal of the

matter, for a direction to the second respondent to dispose of Ext.P8

application as expeditiously as possible. The learned Assistant

Solicitor General of India, Sri.T.P.M.Ibrahim Khan, submitted that

Ext.P8 application would be considered in accordance with law and

in accordance with the rules and norms in force from time to time. In

view of the direction to dispose of Ext.P8 application within a short

time, it is submitted by the learned counsel for the petitioner that the

petitioner is not insisting on a right of hearing. Learned Assistant

Solicitor General of India submitted that the second respondent will

dispose of Ext.P8 within two weeks and that after disposal of Ext.P8

application, the order will be communicated to the petitioner without

any delay. This submission is recorded.

The Writ Petition is disposed of recording the submission of

the Assistant Solicitor General of India.

Issue certified copy of the judgment to both sides today itself.

(K.T.SANKARAN)
Judge
ahz/