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High Court of KeralaWP(C)/38987/2015disposed of

Shanavas Babu Pattarkadavath v. The Union Of India

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38987 of 2015 (W) ------------------------------------------- PETITIONER(S) :

------------------------- SHANAVAS BABU PATTARKADAVATH, S/O.PARAKKADAVATH SHEIK MUHAMMED, PARAKKADAVATH HOUSE, CHEMMANIYODE P.O., MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SHEIK MUHAMMED, PATTARKADAVATH HOUSE, CHEMMANIYODE P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S) :

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

1. THE UNION OF INDIA, REPRESENTED BY THE JOINT SECRETARY (PSP) & THE CHIEF PASSPORT OFFICER, C.P.V DIVISION, PATIALA HOUSE ANNEXE, THILAK MARG, NEW DELHI, PIN 110 018.

2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, MALAPPURAM, PIN 676 505.

3. THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, MALAPPURAM DISTRICT, PIN 679 326.

R1 & R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 38987 of 2015 (W) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- P1:

TRUE COPY OF THE ORDER DATED 26.07.2012 IN CRL.MC.NO.2853/2010 OF THIS HON'BLE COURT.

P2:

TRUE COPY OF THE JUDGMENT DATED 05.08.2013 IN W.P.(C).NO.18965/2013 OF THIS HON'BLE COURT.

P3:

TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 13.11.2013.

P4:

TRUE COPY OF THE JUDGMENT IN C.C.NO.486/2009 OF THE J.F.C.M II, PERINTHALMANA DATED 15.03.2014.

P5:

TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 08.09.2015 AS NO. VIII/402/APP-05/2014 RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.38987 of 2015 ****************************************************************************** Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner is the holder of the Passport. He is involved in a criminal case. He has been directed to surrender his Passport by Ext.P5 order.

2.

This Court is of the view that the Passport Authority is justified in directing the petitioner to surrender the Passport.

3. The petitioner has a case that all the co-accused have been acquitted and therefore, the Passport Authority may be directed to consider his request for re-issue of the Passport. This Court is of the view that the petitioner shall approach the court where the case is pending either seeking a permission to go abroad or seeking a discharge. If such an application is filed by the petitioner before the court, the same

W.P.(C) No.38987 of 2015 2 shall be considered within one week from moving of such application. It is open for the court to consider the application for granting permission or in application for discharge whichever is earlier. If any permission is granted, the petitioner's application for Passport shall be considered in accordance with law by the Passport Authority without any delay.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln