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.
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W.P.(C). NO. 21366 OF 2010
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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
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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
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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.”
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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/