IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.29138 OF 2020(N)
PETITIONER:
MIDHUN PAUL,
S/O.LATE PAUL PARAKKADA LONAPPAN, PARAKKADAN HOUSE,
KOTTANELLUR P.O., THRISSUR, PIN - 680 672, REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER, MOTHER, SOPHIE, AGED 58, W/O.LATE
PAUL PARAKKADAN LONAPPAN, PARAKKADAN HOUSE, KOTTANELLUR P.O.,
THRISSUR, PIN - 680 672.
BY ADV. SRI.K.B.PRADEEP
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE FOREIGN SECRETARY OF INDIA, MINISTRY OF
EXTERNAL AFFAIRS, NEW DELHI, PIN - 110 001.
2 EMBASSY OF REPUBLIC OF INDIA AT DUBAI
UAE, REPRESENTED BY THE CONSULATE GENERAL OF INDIA AT DUBAI,
POST BOX NO.737, PLOT NO.314, A1-HAMARIA, DIPLOMATIC ENCLAVE,
BUR DUBAI, UNITED ARAB EMIRATES.
3 THE CONSUL (PASSPORT)
OFFICE OF THE CONSULATE GENERAL OF INDIA AT DUBAI, UAE, POST
BOX NO.737, PLOT NO.314, AL-HAMARIA, DIPLOMATIC ENCLAVE, BUR
DUBAI, UNITED ARAB EMIRATES.
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
SRI. JAYASANKER NAIR- CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29138 OF 2020(N)
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JUDGMENT
The petitioner has approached this Court impugning Ext.P5 notice issued to him by the Consulate General of India in Dubai, asking him to show cause why his passport be not impounded, since he had suppressed the factum of the pendency of a criminal case against him at the time when it was applied for.
2. The petitioner, through his learned counsel, Sri.Harisankar R., submitted that the incident, which led to the criminal case being registered against him, was a trivial one and that there was no interdiction by any Criminal Court against his client from travelling abroad. The learned counsel submitted that in any event of the matter, his client is willing to approach the competent Criminal Court and obtain a clearance for travel abroad, for which, he prayed that he be given at least a month time. The learned counsel concluded his arguments by saying that since the disposal of the application for the above purpose, to be filed before the Criminal Court, is likely to take some time, all further action based on Ext.P5 be directed to be deferred at least for the afore requested period, so that his client can then produce the necessary clearances as per law before the Consulate General.
3. In response, the learned Central Government Counsel, WP(C).No.29138 OF 2020(N) 3 Sri.Jayasankar Nair, submitted that since the petitioner himself admits that he was implicated in a Criminal Case even at the time when his passport was applied for, the action taken by the Consulate General of India in Dubai, through Ext.P5, is irreproachable. He submitted that, in any event of the matter, all that the petitioner has been asked to do is to show cause why his passport be not impounded and that if he is able to show sufficient cause, the said Authority will issue appropriate orders in terms of the Passport Act and the applicable Rules.
4. On hearing the learned Central Government Counsel as afore, Sri.Harisankar R., submitted that his client has already been granted time till 26.01.2021 to produce necessary orders of clearance from the Court below, but prayed that the time be extended for a period of one month from today, by way of abundant caution, so that his client will be in a position to do so affirmatively.
Taking note of the afore submissions and since the petitioner says that he has already approached the competent Criminal Court for obtaining orders clearing his travel abroad, I order this writ petition to the limited extent of directing the respondents not to take any further action based on Ext.P5 for a period of one month from today; within which time, the petitioner will be at WP(C).No.29138 OF 2020(N) 4 liberty to obtain necessary clearances from the Criminal Court and produce it before the Consulate General of India in Dubai, leading to appropriate orders thereon without any further delay thereafter.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.29138 OF 2020(N)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY DATED
21/04/2014.
EXHIBIT P2 TRUE COPY OF CRL.M.P.12217 OF 2012 DATED
11/12/2012.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26/12/2012 IN
CRL.M.P.12217 OF 2012.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES (2) OF THE
PETITIONER'S PASSPORT.
EXHIBIT P5 TRUE COPY OF THE NOTICE BY THE 3RD RESPONDENT DATED
21/12/2020.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 23/12/2020 BY THE
PETITIONER.