Kerala High Court
Salini Panchami vs Union Of India on 27 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 22963 OF 2024
PETITIONER:
SALINI PANCHAMI,
AGED 41 YEARS, W/O.(LATE) SANTOSH KUMAR. G,
GANGA SADANAM, VALIYAPADOM, VILANTHARA P.O,
WEST KALLADA, KOLLAM DISTRICT, PIN - 690521.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF
EXTERNAL AFFAIRS, PATTIALA HOUSE ANNEX,
TILAK MARG, NEW DELHI, PIN - 110001.
2 CHIEF PASSPORT OFFICER & JOINT SECRETARY
(PSP),(APPELLATE AUTHORITY), PASSPORT
DIVISION, MINISTRY OF EXTERNAL AFFAIRS,
PATTIALA HOUSE ANNEX, TILAK MARG,
NEW DELHI, PIN - 110001.
3 JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO.2129, JAWAHARLAL NEHRU BHAVAN,
NEW DELHI, PIN - 110001.
4 REGIONAL PASSPORT OFFICER,
TRIVANDRUM, REGIONAL PASSPORT OFFICE,
SNSM BUILDING, KARALKADA JUNCTION,
PETTAH.P.O., TRIVANDRUM, PIN - 695024.
BY ADV.SRI.T.C.KRISHNA, SCGC
W.P.(C)No.22963 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22963 of 2024
:3:
JUDGMENT
Dated this the 27th day of June, 2024 The petitioner, an Indian Passport holder, is before this Court seeking to direct the 2nd respondent to pass order on Ext.P4 appeal or the 3rd respondent to pass orders on Ext.P5 representation after affording an opportunity of hearing to the petitioner within a time frame.
2. The petitioner's Passport stands impounded under Section 12 of the Passport Act, 1967 for travelling to Yemen in violation of Ext.P2 notification dated 26.09.2017. The petitioner would submit that the petitioner was not aware of the the travel ban and therefore, no malafide can be attributed to the petitioner. The petitioner has filed Ext.P5 representation to W.P.(C)No.22963 of 2024 :4: the Joint Secretary (Gulf), Ministry of External Affairs, Government of India.
3. I have heard the learned Counsel for the petitioner and the learned Senior Panel Counsel representing the Union of India.
4. The limited prayer of the petitioner is to direct the Joint Secretary, Gulf to consider Ext.P5 representation. The issue relates to impounding of the Passport of the petitioner, affecting the fundamental right of the petitioner.
5. Therefore, in the circumstances, I am of the view that the 3rd respondent shall consider Ext.P5 representation expeditiously after giving an opportunity of hearing to the petitioner.
The writ petition is therefore disposed of directing the 3 rd respondent-Joint Secretary (Gulf) to consider Ext.P5 representation submitted by the petitioner and pass W.P.(C)No.22963 of 2024 :5: appropriate orders thereon within a period of two months after giving an opportunity of hearing to the petitioner in person or online.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.22963 of 2024 :6: APPENDIX OF WP(C) 22963/2024 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE SEIZURE FORM DATED 14.09.2023 OF THE BUREAU OF IMMIGRATION; COCHIN INTERNATIONAL AIRPORT Exhibit P2 A COPY OF THE NOTIFICATION OF THE CENTRAL GOVERNMENT DATED 26.09.2017 Exhibit P3 TRUE COPY OF THE LETTER REF NO.IMP/317498479/24 DATED 27.03.2024 WITH FILE NO.TV1064732658522 ALONG WITH THE ORDER DATED 26.03.2024 OF THE REGIONAL PASSPORT OFFICE, TRIVANDRUM Exhibit P4 A COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.04.2024 Exhibit P5 A COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 20.04.2024