Kerala High Court
Moncy Thomas vs The Regional Passport Officer on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15761 OF 2024
PETITIONER:
MONCY THOMAS, AGED 52 YEARS
S/O CHACKO THOMAS, MUKALUVILAYIL (H), VAYALA P.O,
PARACKODE, PATHANAMTHITTA AND NOW RESIDING AT
NELLIVILAYIL VEEDU, VADAKKEDATHUCAVU P.O,
ADOOR, PATHANAMTHITTA, PIN - 691529
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
T.S.SARATH
R.RAJESH (VARKALA)
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
RESPONDENTS:
1 THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, TRIVANDRUM,
KARALKADA JUNCTION, PETTAH (P.O.),
TRIVANDRUM, PIN - 695024
2 THE STATION HOUSE OFFICER, ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN - 691523
3 THE DEPUTY SUPERINTENDENT OF POLICE
ADOOR POLICE SUB-DIVISION,
PATHANAMTHITTA DISTRICT, PIN - 691523
SMT.REKHA C. NAIR, SENIOR GOVERNMENT PLEADER
SRI.T.C. KRISHANA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.15761 of 2024
2
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner's application for renewal of Passport was not being entertained by the 1st respondent on the ground that the Station House Officer, Adoor, informed that the petitioner is involved in Crime No.2386/2019 under Sections 420 and 34 of the Indian Penal Code.
2. Counsel for the petitioner submits that the petitioner has obtained information under the RTI Act, which would indicate that the Final Report is not laid and the case remains as indicted. Ext.P4 would show the same. If that be so, there is no reason for not processing the application of the petitioner for renewal of Passport.
The writ petition is therefore disposed of directing the 1st respondent-Regional Passport Officer, Trivandrum to consider Ext.P5 explanation given by the petitioner in the light WP(C) No.15761 of 2024 3 of Ext.P4 communication of the Deputy Superintendent of Police, Adoor and renew the Passport of the petitioner, if the petitioner satisfies all other parameters.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.15761 of 2024 4 APPENDIX OF WP(C) 15761/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE INDIAN PASSPORT NO.L1217289 BELONGING TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE SHOW-CAUSE NOTICE VIDE REF: NO. OBJ/315484735/23 DATED 10.08.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE FIR IN CRIME NO.2386/2019 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT Exhibit P4 THE TRUE COPY OF THE RTI REPLY VIDE NO.36/RTI/ASD/2023 DATED 30.12.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P5 THE TRUE COPY OF THE REPLY DATED 20.03.2024 TO EXT.P2 SHOW-CAUSE NOTICE ALONG WITH PRINTOUT OF EMAIL DATED 20.03.2024 Exhibit P6 THE TRUE COPY OF THE OFFICE MEMORANDUM VIDE NO. VI/401/1/5/2019 DATED 10.10.2019 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA