Relgi Sam v. The Regional Passport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 33809 of 2014 (A) ------------------------------------------ PETITIONER(S) :

-------------------------- RELGI SAM, AGED 63 YEARS, D/O.TITTO GEORGE, NADUVATHU HOUSE, PULICKAL KAVALA P.O, VAZHOOR VILLAGE, CHANGANASSERRY TALUK, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, TITTO GEORGE, NADUVATHU HOUSE, PULICKAL KAVALA P.O., VAZHOOR VILLAGE, CHANGANASSERY TALUK.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S) :

---------------------------- 1.

THE REGIONAL PASSPORT OFFICER, COCHIN- 682 036.

2.

THE OFFICER IN CHARGE, PASSPORT SEVA KENDRA, KOTTAYAM- 686 002.

3.

SAM.K.ABRAHAM, ELIMULLIL HOUSE, PULLA P.O., KOIPROM- 689 548.

R1 & R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 33809 of 2014 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE JUDGMENT DATED 26.06.2014 IN O.P.NO.609/2013 OF THE FAMILY COURT, THIRUVALLA.

EXT.P2:

TRUE COPY OF THE COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF C.P.C.FILED BY THE PETITIONER AND THE 3RD RESPONDENT DATED 16.08.2013 BEFORE THE FAMILY COURT, THIRUVALLA.

EXT.P3:

TRUE COPY OF THE ONLINE APPLICATION RECEIPT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.33809 of 2014 --------------------------------------- Dated this the 12th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i) issue a writ of mandamus or any other appropriate writ order or direction, commanding respondents to renew the passport of the petitioner's daughter 'Sneha Elsa Sam' after accepting Ext.P1 order and P2 Compromise Petition.

and ii) issue such other appropriate writ, order or direction as this Hon'ble Court deem fit and proper, in the circumstances of the case."

The petitioner places reliance on the judgment rendered in 2014 (1) KLT 990 (Juvairiya V. Regional Passport Officer) and seeks to extend similar benefit to the petitioner as well. The operative portion of the said verdict reads as follows: "For the reasons stated above, I allow the Writ Petition, quash Ext.P4 and direct the Regional Passport Officer, Malappuram to issue a passport to the petitioner's minor children expeditiously and in any event within an outer limit of one month from the date on which the petitioner produces a certified copy of this judgment before him. The parties shall bear their respective costs."

W.P.(C) No.33809 of 2014

2. Heard the learned Government Pleader as well.

3. Considering the limited extent of relief sought for, the respondents are directed to renew the passport of the petitioner's daughter, after accepting Exts.P1 and P2, in terms of the above judgment, as expeditiously as possible, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondents, for further steps.

The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE sp