Kerala High Court
Ali Shaduli Kadalundi Kudakkatakath vs Union Of India on 19 March, 2026
Author: Murali Purushothaman
Bench: Murali Purushothaman
2026:KER:24855
W.P(C)No.8507 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF MARCH 2026 / 28TH PHALGUNA, 1947
WP(C) NO. 8507 OF 2026
PETITIONER:
ALI SHADULI KADALUNDI KUDAKKATAKATH, AGED 25 YEARS
S/O SAIDU MUHAMMED,THAVAKKAL HOUSE, VATTALUR
P.O.,KARINCHAPADI, MALAPPURAM, KERALA, PIN - 676507
BY ADVS.
SHRI.ASADU AHMMED CHULLINTE
SMT.MEHNA IBRAHIM
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING,
RAISINA HILL, NEW DELHI, PIN - 110011
2 THE JOINT SECRETARY (GULF), MINISTRY OF EXTERNAL
AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING,
RAISINA HILL, NEW DELHI, PIN - 110011
3 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, ERANHIPALAM P.O.,
KOZHIKODE, KERALA, PIN - 673006
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:24855
W.P(C)No.8507 of 2026
2
MURALI PURUSHOTHAMAN, J.
------------------------------------------
W.P(C)No.8507 of 2026
------------------------------------------
Dated this the 19th day of March, 2026
JUDGMENT
The petitioner has filed this writ petition challenging Ext.P10 order whereby his request for release of the passport, which was seized for travelling to Yemen, has been rejected by the 2 nd respondent.
2. The petitioner is the holder of an Indian Passport. He travelled to Yemen on 03.12.2021 and returned to India on 20.05.2022 via Muscat. On arrival at Kannur International Airport, he was informed that his travel contravened the Government Notification dated 26.09.2017 issued under Section 19(d) of the Passports Act, 1967, restricting travel to Yemen. Accordingly, the passport of the petitioner was seized as per Ext.P3. The petitioner submitted Ext.P4 representation before the 3rd respondent seeking release of passport explaining that he had travelled for his educational purpose, which was bona fide. However, by Ext.P5, the 3 rd respondent refused to release the passport on the ground that the petitioner is not eligible for ex post facto approval.
3. The petitioner filed W.P(C)No.44956 of 2025 before 2026:KER:24855 W.P(C)No.8507 of 2026 3 this Court seeking a direction to the respondents to release the passport. This Court, by Ext.P8 judgment dated 02.02.2026, directed the petitioner to prefer a representation before the 2 nd respondent within ten days and the 2nd respondent was directed to consider the same, with notice to the petitioner and also in the light of the observations made in the judgment dated 22.08.2022 in W.P(C)No.19210 of 2022 and connected cases. Pursuant to Ext.P8, the petitioner submitted Ext.P9 request for release of the passport which was rejected by Ext.P10 order.
4. The petitioner states that he had travelled to Yemen without being aware of the travel restrictions and that the visit was for educational purpose. The petitioner refers to Ext.P7, which is the answer given to a question in the Lok Sabha regarding the seizure and release of passports of about 3091 persons who travelled to Yemen. The petitioner also refers to paragraph No.5 of the statement filed on behalf of the 3rd respondent in W.P(C)No.44956 of 2025, which reads as follows :
"5. The Regional Passport Office, Kozhikode upon verification of the passport pages and the explanation submitted, found the petitioner's claims to be genuine. There was only a single visit to Yemen. The petitioner had approached the Regional Passport Office, Kozhikode multiple times requesting the release of his passport, citing livelihood concerns and pleading for leniency on the basis that he had not knowingly violated the travel ban."
2026:KER:24855 W.P(C)No.8507 of 2026 4
5. I find that Ext.P10 is a non-speaking order and has been passed in violation of the principles of natural justice. Though this Court directed the 2nd respondent to consider the representation of the petitioner in the light of the observations made in the judgment dated 22.08.2022 in W.P(C)No.19210 of 2022 and connected cases, there is absolutely no reference thereto in Ext.P10 order. The 2 nd respondent has not considered the averments of the petitioner in Ext.P9 and has not examined whether the travel was inevitable and bona fide. Accordingly, Ext.P10 order is set aside and there will be a direction to the 2nd respondent to pass fresh orders, after due consideration of the averments of the petitioner in Ext.P9 and the directions in Ext.P8 judgment and with due notice and in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.
The Writ Petition is accordingly disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE vgd 2026:KER:24855 W.P(C)No.8507 of 2026 5 APPENDIX OF WP(C) NO. 8507 OF 2026 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PASSPORT BEARING NO.
U4192283 WHICH WAS ISSUED ON 13.03.2020 BY THE REGIONAL PASSPORT OFFICE, KOZHIKODE EXHIBIT P2 TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 14/05/2022 ISSUED BY DAR-AL MOSTAFA, TAREEMFOR ISLAMIC STUDIES AND STUDENT PERMIT CARD EXHIBIT P3 TRUE COPY OF THE SEIZURE FORM DATED 20.05.2022 ISSUED BY BUREAU OF IMMIGRATION, KANNUR INTERNATIONAL AIRPORT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION AND AFFIDAVIT DATED 12.07.2023 FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE SAID ORDER FILE NO.
KO5062905560520 DATED 09/10/2024 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE OFFER LETTER DATED 26.04.2025 ISSUED TO PETITIONER FROM RED BELT EXHIBIT P7 TRUE COPY OF THE UNSTARRED QUESTION NO. 3091 ANSWERED ON 13.12.2024 BY THE MINISTRY OF EXTERNAL AFFAIRS EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 02.02.2026 IN W.P.(C) NO. 44956 OF 2025 OF THIS HONBLE COURT EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 05.02.2026 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE ORDER NO. G-406/02/2025 DATED 18.02.2026 ISSUED BY THE 2ND RESPONDENT RECEIVED BY EMAIL EXHIBIT P11 TRUE COPY OF THE STATEMENT DATED 9.01.2026 SUBMITTED BY THE 3RD RESPONDENT IN W.P.(C) NO. 44956/2025