IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 19619 OF 2022
PETITIONER:
O. VIDYASAGAR
AGED 76 YEARS
S/O LATE M. KRISHNANKUTTY MENON,
RESIDING AT KRISHNA KRIPA,
UDAYA CONVENT ROAD,
IRINJALAKUDA - 680 125,
PIN - 680125
BY ADV. K.R.ARUN
RESPONDENT:
THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE
PANAMPILLY NAGAR (P.O.)
COCHIN-682036,
PIN - 682036
BY SRI. S. MANU, ASSISTANT SOLICITOR GENERAL OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.19619/22
2
JUDGMENT
Petitioner is aggrieved by Ext.P6 communication dated 24.05.2022 received from the Regional Passport Office, Cochin, intimating him of impounding of his Passport bearing No. L7010439 issued on 27.01.2014 under the purview of Section 10(3)(h) of the Indian Passport Act on account of issuance of non-bailable warrant.
2. The learned counsel appearing on behalf of the petitioner submitted that there is a litigation between the petitioner and his wife and in a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 some amount was ordered which could not be paid and that resulted into issuance of warrant of arrest. When the application for bail was moved, the same was rejected on account of non-deposit of the amount, by the learned Chief Judicial Magistrate vide order dated 27.05.2022 Ext.P4. The aforementioned order was assailed by the petitioner in this Court in Crl.R.P. No. 901/2019. This Court vide order dated 03.06.2022 Ext.P5 suspended the order dated 27.05.2022 on condition that the petitioner WPC.19619/22 3 deposits a sum of Rs. 4,00,000/- within a period of three days therefrom, before the Chief Judicial Magistrate Court, Ernakulam and on such deposit, the petitioner shall be released on bail forthwith. The amount, ordered, has been deposited.
3. Smt. Krishna takes notice on behalf of Sri. S. Manu, the learned Assistant Solicitor General of India and submits that at the time when Ext.P6 was issued to the petitioner, the order of this Court had not been passed. Hence, it is on that account the intimation was given to the petitioner. But the Department would not be averse in taking a call in case the petitioner approaches the department on a particular date along with the aforementioned orders i.e., Exts.P4 and P5.
In this view of the matter, I dispose of this writ petition by issuing directions to both the parties. The petitioner is directed to approach the office of the Regional Transport Officer, Cochin on 22.06.2022 at 10.00 A.M. along with the aforesaid orders and any other documents which are required and submit the same for the purpose of re-issuance of passport and also for overcoming the objection taken in the communication dated 24.05.2022. In case all the documents are found to be in compliance of the provisions of the Passport Act and the Rules WPC.19619/22 4 framed thereunder, the Regional Passport Officer shall re-issue the passport, in accordance with law, within a period of fifteen days thereafter.
Sd/-
AMIT RAWAL JUDGE DCS/17.06.2022 WPC.19619/22 5 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO. SCN/312562175/22 DATED 04.05.2022 ISSUED BY THE RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 06.05.2022 IN BAIL APPLICATION NO. 3445/2022 PASSED BY THE HONORABLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE REPLY/OBJECTION DATED 10.05.2022 FILED BEFORE THE RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER DATED 27.05.2022 IN C.M.P. 2836/2018 IN M.C. 12/2014 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM Exhibit P5 TRUE COPY OF THE ORDER DATED 03.06.2022 IN CRL. M. APPL. NO. 01/2022 IN CRL.
R.P. 901/2019 Exhibit P6 TRUE COPY OF THE COMMUNICATION BEARING NO.IMP/312673423/22 DATED 24.05.2022 ISSUED BY THE RESPONDENT