High Court of KeralaWP(C)/39660/2015disposed of

Ratheesh v. The Regional Passport Officer

2015-12-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39660 of 2015 (F) ---------------------------- PETITIONER:

----------- RATHEESH, AGED 24 YEARS S/O RADHAKRISHNAN, AVUNGAL HOUSE, EZHAKKAD POST, MUNDUR, PALAKKAD DISTRICT.

BY ADVS.SRI.RAJESH SIVARAMANKUTTY SRI.K.V.ANTONY RESPONDENTS:

-----------

1. THE REGIONAL PASSPORT OFFICER, OFFICE OF REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN-682 036.

2. PASSPORT SEVA KENDRA, THRISSUR, 2ND FLOOR, ROWDHA TOWERS, POOTHOLE ROAD, THRISSUR - 680 004.

3. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE, DPO ROAD, PALAKKAR - 678 001.

R1 & 2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY GOVERNMENT PLEADER BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).NO.39660 OF 2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : COPY OF THE ACKNOWLEDGEMENT TOKEN ISSUED BY THE 1ST AND 2ND RESPONDENTS DATED 03.12.2015 EXT.P2 : COPY OF THE ONLINE APPOINTMENT RECEIPT ISSUED BY 1ST AND 2ND RESPONDENTS TO THE PETITIONER.

RESPONDENTS' EXHIBITS: NIL // TRUE COPY// P A TO JUDGE sm/

A. MUHAMED MUSTAQUE, J.

--------------------------------------------------------- W.P.(C).No. 39660 of 2015 --------------------------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner has applied for a passport. Noting that the petitioner is involved in two criminal cases, the petitioner's application has not been taken for a logical conclusion. The petitioner submits that he may be given passport and he undertakes that he will not travel abroad without obtaining permission from the court.

2. This Court is of the view that such undertaking is untenable as the petitioner has to obtain permission from the court where the cases are pending before the issuance of passport. Therefore, if the petitioner moves an application before the court where the cases are pending, the same shall be considered by the court within ten days of moving such application. If the permission is granted to the

W.P.(C).No. 39660 of 2015 -2petitioner, necessarily based on the permission, the Passport Authority shall consider the application for issuance of passport.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr