High Court of KeralaWP(C)/37631/2015disposed of

Mammu v. The Regional Passport Officer, Malappuram

2015-12-14Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37631 of 2015 (D) ---------------------------- PETITIONER :

---------------------- MAMMU, AGED 57 YEARS, S/O. MAMMUTTY CHAKKALIPARAMBIL HOUSE THIRUNNAVAYYA P.O., TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S) :

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

1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MALAPPURAM-676 505. 2.

THE STATION HOUSE OFFICER TIRUR - 676 101 MALAPPURAM DISTRICT.

R1 BY ADV. SRI.N.NAGARESH, ASGI R2 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 37631 of 2015 (D) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE RELEVANT PAGES OF PASSPORT NO. F-8028837 OF THE PETITIONER.

EXT.P2 COPY OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER. EXT.P3 COPY OF THE PASSPORT HEARING NO. M-034626 OF THE PETITIONER ISSUED ON 11/10/1977.

EXT.P4 COPY OF THE ACKNOWLEDGMENT LETTER ISSUED BY THE IST RESPONDENT.

EXT.P5 COPY OF THE COMPUTER PRINT OUT OF PETITIONER'S AIR TICKET. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.Muhamed Mustaque, J.

==================================== W.P.(C)No.37631 of 2015 ==================================== Dated this the 14th day of December, 2015.

JUDGMENT

1. Petitioner applied for re-issuance of passport. Petitioner admits that a crime has been registered against him under the Passport Act. According to the petitioner, the offence against which a crime has been registered, is a compoundable offence and he is willing to compound the same. The said submission is recorded.

2. A statement has been filed by the Assistant Solicitor General of India. It is submitted that the Passport Issuing Authority will consider re-issuance of passport to the petitioner, based on police verification.

3. This court is of the view that, if the petitioner is only involved in the offence under Section 10(3)(b) of the Passport Act and no other

W.P.(C)No.37631 of 2015 -:2:- offence is made out against the petitioner, the application submitted by the petitioner for re-issuance of passport shall be considered, in accordance with law, without insisting for a court order.

4. It is made clear that, if the petitioner is involved in any other offence, the Passport Authority can insist for production of court order.

5. Writ petition is disposed of as above.

Issue certified copy today.

Muhamed Mustaque, Judge.

sl.