High Court Kerala High Court

M.K.Zubair Ali vs Union Of India & Others on 3 September, 2008

Kerala High Court
M.K.Zubair Ali vs Union Of India & Others on 3 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34217 of 2007(W)


1. M.K.ZUBAIR ALI, AGED 55 YEARS,
                      ...  Petitioner

                        Vs


1. UNION OF INDIA & OTHERS
                       ...       Respondent

                For Petitioner  :SRI.S.SAJU

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/09/2008

 O R D E R
                               S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W. P (C) No. 34217 of 2007
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                Dated this, the 3rd      September, 2008.

                              J U D G M E N T

The petitioner is a travel agent. Every year, the 2nd respondent

issues certificate of registration and allots a fixed quota of visas to the

petitioner for taking persons for Haj pilgrimage. For registration and

allotment in April, 2007, the 3rd respondent forwarded the application

submitted by the petitioner to the 2nd respondent. Since no action

was taken, the petitioner approached this Court and by Ext. P6

judgment, the 2nd respondent was directed to consider the same. The

petitioner’s request was rejected by Ext. P7. The petitioner is

challenging that order and seeks allotment of Haj pilgrimage quota

for 275 persons.

2. The learned Assistant Solicitor General appearing for

respondents 1 and 2 submits that a similar question was considered

by a learned Judge of the High Court of Judicature of Madras in a

batch of writ petitions. A copy of that judgment has been made

available to me for perusal. It is submitted that similar orders can be

passed in this writ petition also. Counsel for the petitioner also

agrees to the same. Accordingly, following that judgment, I dispose

of this writ petition as follows:

The 2nd respondent shall consider and pass appropriate orders

on the application of the petitioner, if the petitioner satisfies all the

other legal requirements for registration, as expeditiously as possible.

His request should not be rejected on the ground that the petitioner is

a new private tour operator or on the ground of paucity of quota.

While registering the names for Haj pilgrimage under the

W.P.C. No. 34217/2007 -: 2 :-

petitioner, the claim of all the registered private tour operators

whether old or new should be considered alike while allotting quota

to them.

Sd/- S. Siri Jagan, Judge.

Tds/