High Court of KeralaWP(C)/38694/2015disposed of

Kittson Varghese v. Passport Officer

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 38694 of 2015 (J) ---------------------------- PETITIONER:

------------------ KITTSON VARGHESE, S/O.VARGHESE PULLOKKARAN JACOB, PULLOKKARAN HOUSE, PATTALAKINAR ROAD, CHIYYARAM.P.O., THRISSUR DISTRICT, KERALA STATE, PIN - 680 026.

BY ADVS.SRI.JOMON P.VARGHESE SRI.ANTO THOMAS SRI.P.S.SISHOY RESPONDENT:

--------------------- PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR.P.O, KOCHI - 36.

BY SRI.N.NAGARESH, A S G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 38694 of 2015 (J) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE PASSPORT BEARIANG NO.H7167938 DATED 13.5.10.

EXT. P2 :

TRUE COPY OF PASSPORT BEARIANG NO.M 5372547 DATED 9.1.2015.

EXT. P3 :

TRUE COPY OF THE NOTICE DATED 30.5.15 BEARING NO.SCN/302728719/15 ISSUED BY THE RESPONDENT. EXT. P4 :

TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER TO EXHIBIT P3 BY REGISTERED POST DATED NIL.

EXT. P5 :

TRUE COPY OF THE POSTAL RECEIPT DATED 30.7.2015 BEARING NO.RL 664849986 IN.

EXT. P6 :

TRUE COPY OF THE FIR & FI STATEMENT IN CRIME NO.904/13 OF OLLUR POLICE STATION.

EXT. P7 :

TRUE COPY OF CMP NO.1637/13 FILED BEFORE THE JFMC COURT III TRISSUR DATED 22.4.13.

EXT. P8 :

TRUE COPY OF THE FINAL REPORT DATED 29.6.13 FILED BY THE OLLUR POLICE BEFORE THE JFMC COURT III THRISSUR, IN CRIME NO.904/13 OF OLLUR POLICE STATION.

EXT. P9 :

TRUE COPY OF THE JUDGMENT DATED 5.8.15 PASSED BY THIS HON'BLE COURT IN WP(C)NO.23652/2015 EXT. P10 :

TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT DATED 5.8.15.

EXT. P11 :

TRUE COPY OF THE RECEIPT BEARING NO.COCP153223367517 DATED 12.8.15 ISSUED BY THE RESPONDENT.

EXT. P12 :

TRUE COPY OF THE SURRENDER CERTIFICATE ISSUED BY THE RESPONDENT.

EXT. P13 :

TRUE COPY OF THE APPLICATION DATED 20.8.15.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 38694 of 2015 --------------------------------------------------------- Dated this the 21st day of December, 2015

JUDGMENT

The petitioner is the holder of the passport. The petitioner was involved in a criminal case. Therefore, the Passport Authority directed the petitioner to surrender the passport. The petitioner surrendered the passport. Ext.P12 is the surrender certificate produced by the petitioner. As per Ext.P12, the petitioner advised to apply for re-issue of passport along with the court order. It appears that the petitioner again approached the Passport Authority with an application of the passport.

2. This Court is of the view that the petitioner should obtain permission from the Chief Judicial First Class Magistrate Court-III, Thrissur, where the criminal case is pending against the petitioner. If the petitioner moves the

W.P.(C).No. 38694 of 2015 -2court where the criminal case is pending, the application for permission shall be considered by the Magistrate Court within one week while moving such an application. If the petitioner is granted a permission, the Passport Authority shall consider the application in accordance with law. The Magistrate is directed to consider the application in the light of the Government Order G.S.R.570(E) dated 25/8/1993. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr