← Library
High Court of KeralaWP(C)/15121/2011dismissed

Sheena Jinson v. The Regional Passport Officer

2015-07-16Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 15121 of 2011 (M) -------------------------------------------- PETITIONER(S) :

------------------------- SHEENA JINSON, W/O.JINSON, KUZHINJALIKKUNNEL, VADAVUKODE P.O., KANGARAPPADY, KOCHI.

BY ADV. SMT.R.SUDHA RESPONDENT(S) :

----------------------------

1. THE REGIONAL PASSPORT OFFICER, ERNAKULAM, PIN-682 020.

2. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, PIN-682 028.

3. JINSON K.GEORGE, KUZHINJALIKKUNNEL, VADAVUKODE P.O., KANGARAPPADY, KOCHI, PIN-682 310.

R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY GOVERNMENT PLEADER SRI.MANOJ.P.KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 15121 of 2011 (M) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT P1: TRUE PHOTOCOPY OF THE SAID REPRESENTATION DATED 23.05.2011 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.15121 of 2011 - M ====================== Dated this the 16th day of July, 2015

J U D G M E N T

The petitioner, the wife of a passport holder, the 3rd respondent herein, filed this writ petition to direct the official respondents to impound the passport of the 3rd respondent. The official respondents have filed a statement, which would clearly indicate that there was no crime registered against the 3rd respondent and there was no order of impounding, from any Court. The Police report was also clear and there is no case for impounding of the passport of the 3rd respondent.

2. The petitioner argues that there is a case filed under Section 498A of the Indian Penal Code before the Criminal Court. If that be so, the petitioner would have moved the Court

W.P.(C) No.15121 of 2011 - M itself for impounding the passport. Without that, the petitioner cannot approach this Court under Article 226 of the Constitution of India.

The writ petition hence, would stand dismissed. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.