Karukaputhur Kuries And Koru Gold ... vs Sajith A.V

Kerala High Court

Karukaputhur Kuries And Koru Gold ... vs Sajith A.V on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 42329 OF 2023
PETITIONERS:

     1       KARUKAPUTHUR KURIES AND KORU GOLD JANAKEEYA ACTION
             COMMITTEE
             KARUKAPUTHUR P.O., CHAZHIYATTIRI, PALAKKAD,
             PIN-679535, REPRESENTED BY ITS SECRETARY,
             MOHANAN P.V., AGED 54 YEARS, S/O.AYYAPPAN,
             PANDARATHUVALAPPIL HOUSE, CHAZHIYATTIRI P.O.,
             PALAKKAD DISTRICT, PIN - 679535
     2       MOHANAN A.V.
             AGED 54 YEARS
             S/O.AYYAPPAN, PANDARATHUVALAPPIL HOUSE,
             CHAZHIYATTIRI P.O., PALAKKAD DISTRICT,
             PIN - 679535
     3       SHAFFEEQ V.V.
             AGED 36 YEARS
             S/O.ALI VARIATH VALAPPIL HOUSE, ANAKKARA P.O.,
             PALAKKAD DISTRICT, PIN - 679511

             BY ADV E.D.GEORGE


RESPONDENTS:

     1       SAJITH A.V.
             AGED 43 YEARS
             S/O.NARAYANAN AYYATH VALAPPIL P.O.,
             CHAZHIYATHIRI, AKILANAMA, PERINGAD,
             PALAKKAD DISTRICT, PIN - 679535
     2       REGIONAL PASSPORT OFFICER
             REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
             NEAR IDBI CORPORATE BRANCH,
             PANAMPILLY NAGAR, KOCHI, KERALA, PIN - 682036
     3       DISTRICT POLICE CHIEF, PALAKKAD DISTRICT
             SOUTH FORT ROAD, PALAKKAD,
             KERALA, PIN - 678001
     4       DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT
             DISTRICT POLICE CHIEF BUILDING,
             UPHILL, MALAPPURAM, PIN - 676504
 WP(C) No.42329 Of 2023
                            2




    5    CITY POLICE COMMISSIONER, COMMISSIONERATE,
         THRISSUR DISTRICT
         PATTALAM ROAD, SAKTHAN THAMPURAN NAGAR,
         VELIYANNUR, THRISSUR,
         PIN - 680001

         BY ADV KRISHNA T C
         SRI.BINOY DAVIS-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) No.42329 Of 2023
                               3




                         JUDGMENT

Dated this the 21st day of May, 2024 The writ petition has been filed by Karukaputhur Kuries and Koru Gold Janakeeya Action Committee and others seeking to direct the 2nd respondent-Regional Passport Officer to impound Ext.P4 Passport issued to the 1 st respondent. The petitioners also seek to direct the Passport Officer to freeze the operation of Ext.P4 Passport.

2. The petitioners alleged that the 1st respondent has cheated depositors and Chittalans of a Kury Company and a huge amount of nearly ₹100 Crores was swindled. It is in such circumstances that the petitioners seek to direct the Regional Passport Officer to impound the Passport.

3. Heard.

4. The Passport Officer is bound by the provisions under the Passports Act and Rules for impounding a WP(C) No.42329 Of 2023 4 Passport. Passport of citizens cannot be impounded simply for the reason that an offence is alleged against the Passport holder.

5. In the circumstances of the case, if the petitioners have any grievance against the 1st respondent, they have to approach the appropriate Investigation Machineries or competent Courts for any action in the matter. This writ petition is unsustainable.

Accordingly, the writ petition is dismissed.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.42329 Of 2023 5 APPENDIX OF WP(C) 42329/2023 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAW OF THE ACTION COUNCIL.

Exhibit- P2 TRUE COPY OF THE FIR IN CRIME NO.644/14, DATED 26/8/2014, REGISTERED BY CHALISSERY POLICE.

Exhibit- P3 TRUE COPY OF THE CHARGE IN FIR NO.644/14, DATED 31/10/2015, FILED BEFORE THE J.F.C.M. COURT, PATTAMBI. Exhibit- P4 TRUE COPY OF THE PASSPORT NO. V7947764 DATED 25/5/2022, ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. Exhibit- P5 TRUE COPY OF THE E-COURTS REGISTER OF JFCM, PATTAMBI COURT.

Exhibit- P6 TRUE COPY OF THE LIST OF THE CASES PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT PERINTHALMANNA, REGISTERED BY THE 4TH RESPONDENT. Exhibit- P7 TRUE COPY OF THE E-COURTS REGISTER OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY.

Exhibit- P8 TRUE COPY OF THE ORDER DATED 22/2/2023 IN CRL. COMPL. NO.1/2016 IN C.P.5/2015 ON THE FILE OF THIS HON'BLE COURT.