Kerala High Court
Rajesh Babu vs The Regional Passport Officer on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 11914 OF 2024
PETITIONER
RAJESH BABU
AGED 45 YEARS
S/O RAJENDRA BABU NARAYANAN,
KALLINGAL HOUSE,
MEENADU, CHATHANNOOR P.O.,
KOLLAM., PIN - 691572
BY ADV M.R.SASITH
RESPONDENTS:
1 THE REGIONAL PASSPORT OFFICER
THE REGIONAL PASSPORT OFFICE,
TRIVANDRUM SNSM BUILDING,
KARALKADA JUNCTION, PETTAH P.O.,
THIRUVANANTHAPURAM., PIN - 695024
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
VIDYA NAGAR, KOLLAM.,
PIN - 691013
3 STATION HOUSE OFFICER
VARKALA POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695141
BY ADV K.S.PRENJITH KUMAR
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.11914 Of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner has applied for issuance of a fresh Passport. The Passport has not been issued on the ground that criminal cases are pending against the petitioner.
2. Ext.P1 communication of the Regional Passport Officer, Trivandrum would show that as per the police verification report received, the police authorities have reported that the applicant is an accused in Crime No.168/2012 under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and in Crime No.214/2012 under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act of Paravoor Police Station.
3. Counsel for the petitioner submitted that no charge sheet has been filed against the petitioner in respect WP(C) No.11914 Of 2024 3 of the afore crimes and therefore there is no reason for the Regional Passport Officer not to issue Passport.
4. Government Pleader entered appearance on behalf of respondents 2 and 3 and resisted the writ petition. The Government Pleader pointed out that already these crimes are pending before the Sub Divisional Magistrate's Court, Kollam on the basis of report submitted by the Police on 16.02.2012 and 21.02.2012.
5. I have heard the learned counsel for the petitioner, the learned Senior Panel Counsel, Government of India representing the 1st respondent and the learned Government Pleader representing respondents 2 and 3.
6. It is an admitted position that final report in the matter has not been submitted before the Jurisdictional Criminal Court. In fact, a formal complaint has also not been lodged by the competent authority in respect of the crimes allegedly committed by the petitioner. WP(C) No.11914 Of 2024 4
7. In view of the above and in view of the judgment of this Court Muhammed v. Union of India and others [2018 (4) KHC 945], the Regional Passport Officer is legally bound to process the application.
In the facts of the case, the writ petition is disposed of directing the 1st respondent-Regional Passport Officer to process the Passport application submitted by the petitioner, without regard to the crimes mentioned in Ext.P1 and issue Passport to the petitioner, if the petitioner satisfies all other parameters.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.11914 Of 2024 5 APPENDIX OF WP(C) 11914/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE OBJECTION/COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 13.12.2023 Exhibit P2 THE INTIMATION GIVEN BY THE 3RD RESPONDENT DATED NIL Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE REPLY DATED NIL ISSUED BY THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE REPLY SENT BY THE PUBLIC INFORMATION OFFICER OF 2ND RESPONDENT'S OFFICE