Faizal Joseph vs Union Of India

Kerala High Court

Faizal Joseph vs Union Of India on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                WP(C) NO. 16092 OF 2024
PETITIONER:

         FAIZAL JOSEPH,
         AGED 46 YEARS
         S/O. JOSEPH, MUDAVATHIL,
         SPW ROAD, COMPANYPADY, THAIKKATTUKARA,
         ALUVA, ERNAKULAM, PIN - 681306.

         BY ADVS.
         ALEX K.JOHN
         REENA JACOB
         SRAYAS JOSEPH
         REMYA MURALI


RESPONDENTS:

   1     UNION OF INDIA,
         REPRESENTED BY ITS SECRETARY,
         MINISTRY OF EXTERNAL AFFAIRS, 37,
         SOUTH BLOCK, NEW DELHI, PIN - 110001.

   2     STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA AT
         ERNAKULAM, PIN - 682031.

   3     THE REGIONAL PASSPORT OFFICE,
         THIRUVANANTHAPURAM, PIN - 605036.

         BY ADVS.
         SRI.T.C.KRISHNA
         SRI.SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.16092 of 2024
                                 :2:


                          JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner, who is a Passport holder, has approached this Court seeking the following reliefs:-

"(i) Issue a writ of mandamus or any other writ, order or direct the third respondent for renewing the passport of the petitioner with regard to the Passport No.F1411262.

(ii) To give permission to the petitioner herein for going to Dubai for the 15 days with any conditions put forwarded by this Hon'ble Court.

(iii) Grant such other relief as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case."

2. Senior Panel Counsel representing the respondents submits that there is difficulty in renewing the Passport of the petitioner as a criminal case is pending against the petitioner. The petitioner will have to obtain permission from the competent Criminal Court to go abroad, for the purpose of renewal of Passport. W.P.(C)No.16092 of 2024 :3:

Taking into consideration the afore facts, the writ petition is disposed of permitting the petitioner to obtain necessary permission from the competent Criminal Court and pursue his Passport renewal application. If the petitioner produces necessary Court Order, I am sure that the Regional Passport Officer will expeditiously consider the Passport renewal application of the petitioner.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.16092 of 2024 :4: APPENDIX OF WP(C) 16092/2024 PETITIONER'S EXHIBIT Exhibit P1 THE TRUE COPY OF THE PASSPORT DATED 17.12.2004 TILL 16.12.2014.