High CourtsDivision Bench(2023) 08 KL CK 0234

Arun Tenny Jose vs Union Of India

High Court Of Kerala · Decided on 24 August 2023

HON’BLE JUDGES
A.J. Desai, CJ · V.G. Arun, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 866 Of 2023

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Judgment

11 paragraphs · 285 words

A.J. Desai, C.J.

1.

By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellants/writ petitioners have challenged the interim order of the learned single Judge dated 13.04.2023 in W.P.(C)No.11076 of 2023, by which the learned single Judge declined to grant the interim relief sought for by the appellants.

2.

We have gone through the interim order dated 28.04.2023 passed by a Division Bench of this court in the present appeal.

3.

By the interim order, the lookout circular issued against the 1st appellant came to be stayed on certain terms and conditions. The terms and conditions imposed by the Division Bench vide order dated 28.04.2023 reads as under:

“(i) The first appellant can travel and remain in Dubai, UAE using the passport Z4723189 for a period of six months;

(ii) After arrival in Dubai, he shall surrender his passport to Consular General, Embassy of India, UAE, who shall retain it until further orders from this Court;

(iii) The first appellant shall not travel to any other country from Dubai other than India;

(iv) The first appellant shall appear before the authorities as and when directed.”

4.

Considering the fact that the writ petition is pending, we dispose of this appeal by requesting the learned single Judge to dispose of W.P.(C)No.11076 of 2023 as early as possible. Till the writ petition is disposed of, the conditions imposed by the Division Bench by order dated 28.04.2023 should remain in existence.

It is hereby made clear that it would be open for the 1st appellant to request the learned single Judge, if he wants temporary suspension of any of the conditions.

Pending interlocutory applications, if any, shall stand closed.