Ramesh vs Regional Passport Officer

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 25644 OF 2022
PETITIONER/S:

          RAMESH
          AGED 48 YEARS
          D/O. ITTAMAN KUMARAN,
          PUTHENPURAKKAL HOUSE,
          POST KALLAMKUNNU, NADAVARAMBA P.O., THRISSUR 680 661.
          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          V.R.SANJEEV KUMAR
          ANJALY T.A
          M.V.VIPINDAS


RESPONDENT/S:

          REGIONAL PASSPORT OFFICER
          PANAMPILLY NAGAR P.O., COCHIN, ERNAKULAM DISTRICT 682
          036.


          SMT.S.KRISHNA.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25644 OF 2022
                             2




                       JUDGMENT

The petitioner is the holder of a passport which was valid up to 1.7.2016. He applied for renewal of the passport. According to the petitioner, the application for renewal is not considered by the respondent on the ground that a criminal case is pending against him as C.C. No.2321 of 2016 before the Judicial First Class Magistrate Court, Irinjalakkuda. It is trite law that when a final report has been filed and a case is pending before a criminal court, the permission of the concerned court is to be obtained for renewal of passport. Accordingly, the petitioner is directed to approach the Court of Judicial First Class Magistrate, Irinjalakkuda where the criminal case is pending against him. If the petitioner makes an application before the said court, the same shall be considered in the light of the decision in Thadevoos Sebastian v. Regional Passport Office and another, (2021 (5) KHC, 625) and in the WP(C) NO. 25644 OF 2022 3 light of the proceedings GSR 570(E) of the Ministry of External Affairs dated 25.8.1993.

With these directions, the writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

WP(C) NO. 25644 OF 2022 4 APPENDIX OF WP(C) 25644/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASS POST ISSUED BY THE RESPONDENT IN THE NAME OF THE PETITIONER WITH PASSPORT NO.

"F5767709".

Exhibit P2 TRUE COPY OF THE PRESENT STATUS OF THE CASE CC. NO. 2312/2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE IRINJALAKKUDA.