Working in Pakistan does not make one Pakistan citizen: Kerala High Court

P Ummer Koya, a retired police official hailing from Chettippadi in Malappuram, had approached the Kerala HC last year after the Parappanangadi village officer in Malappuram refused to accept land tax of 20.5 cents for the land he purchased from his father Kunji Koya, who had worked in Pakistan for some time.

Thiruvananthapuram: In a relief to a 74-year-old person hailing Malappuram in Kerala, the Kerala High Court has quashed the restrictions imposed by the Custodian of Enemy Property for India on a piece of land he purchased from his father who had worked in Pakistan.

A single bench of Justice Viju Abraham cited in the order issued on Monday that a person could not be considered as one from an enemy nation just because he went to an enemy nation in search of a job.

As many as 68 immovable properties in Kerala have been listed by the Custodian of Enemy Property for India as 'enemy properties' and hence the HC order could bring relief to some other similar cases too.

P Ummer Koya, a retired police official hailing from Chettippadi in Malappuram, had approached the Kerala HC last year after the Parappanangadi village officer in Malappuram refused to accept land tax of 20.5 cents for land he purchased from his father Kunji Koya, who had worked in Pakistan for some time.

The revenue authorities cited that the property was brought under the purview of the Enemy Property Act, 1968 and was under investigation by the Custodian of Enemy Property for India as the petitioner's father was doubted to be an 'enemy' (Pakistan national) as per the Act and hence the property was also doubted to be an ‘enemy property’. Hence, the restriction was imposed by the Custodian of Enemy Property for India on the land.

Ummer, who was represented by advocate M A Asif, maintained that his father was born in Malappuram in 1902 and was domiciled in India during the commencement of the Constitution in 1950. He went to Pakistan in 1953 in search of a job and worked there as a helper in a hotel for a short while.

He also stated that after being haunted by the police as a Pakistan national his father approached the centre to determine his citizenship and the centre confirmed that since Kunji did not voluntarily acquire Pakistan citizenship he continued to be an Indian citizen. Hence, the said property could not be considered as 'enemy property' Ummer's counsel contested. Kunji also died in India and was inhumated in Malappuram.

The court ordered that since the petitioner's father cannot be termed as an ‘enemy’ and his properties cannot be considered as ‘enemy property’ the restriction imposed on the land should be quashed.