Midhun Paul vs Union Of India
2021 Latest Caselaw 577 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                           WP(C).No.29138 OF 2020(N)


PETITIONER:

                 MIDHUN PAUL,
                 S/O.LATE PAUL PARAKKADA LONAPPAN, PARAKKADAN HOUSE,
                 KOTTANELLUR P.O., THRISSUR, PIN - 680 672, REPRESENTED BY HIS
                 POWER OF ATTORNEY HOLDER, MOTHER, SOPHIE, AGED 58, W/O.LATE
                 PAUL PARAKKADAN LONAPPAN, PARAKKADAN HOUSE, KOTTANELLUR P.O.,
                 THRISSUR, PIN - 680 672.

                 BY ADV. SRI.K.B.PRADEEP

RESPONDENTS:

       1         UNION OF INDIA,
                 REPRESENTED BY THE FOREIGN SECRETARY OF INDIA, MINISTRY OF
                 EXTERNAL AFFAIRS, NEW DELHI, PIN - 110 001.

       2         EMBASSY OF REPUBLIC OF INDIA AT DUBAI
                 UAE, REPRESENTED BY THE CONSULATE GENERAL OF INDIA AT DUBAI,
                 POST BOX NO.737, PLOT NO.314, A1-HAMARIA, DIPLOMATIC ENCLAVE,
                 BUR DUBAI, UNITED ARAB EMIRATES.

       3         THE CONSUL (PASSPORT)
                 OFFICE OF THE CONSULATE GENERAL OF INDIA AT DUBAI, UAE, POST
                 BOX NO.737, PLOT NO.314, AL-HAMARIA, DIPLOMATIC ENCLAVE, BUR
                 DUBAI, UNITED ARAB EMIRATES.

                 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

OTHER PRESENT:

                 SRI. JAYASANKER NAIR- CGC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29138 OF 2020(N)

                                       2




                                JUDGMENT

The petitioner has approached this Court impugning Ext.P5

notice issued to him by the Consulate General of India in Dubai,

asking him to show cause why his passport be not impounded,

since he had suppressed the factum of the pendency of a criminal

case against him at the time when it was applied for.

2. The petitioner, through his learned counsel,

Sri.Harisankar R., submitted that the incident, which led to the

criminal case being registered against him, was a trivial one and

that there was no interdiction by any Criminal Court against his

client from travelling abroad. The learned counsel submitted that

in any event of the matter, his client is willing to approach the

competent Criminal Court and obtain a clearance for travel

abroad, for which, he prayed that he be given at least a month

time. The learned counsel concluded his arguments by saying

that since the disposal of the application for the above purpose, to

be filed before the Criminal Court, is likely to take some time, all

further action based on Ext.P5 be directed to be deferred at least

for the afore requested period, so that his client can then produce

the necessary clearances as per law before the Consulate General.

3. In response, the learned Central Government Counsel, WP(C).No.29138 OF 2020(N)

Sri.Jayasankar Nair, submitted that since the petitioner himself

admits that he was implicated in a Criminal Case even at the time

when his passport was applied for, the action taken by the

Consulate General of India in Dubai, through Ext.P5, is

irreproachable. He submitted that, in any event of the matter, all

that the petitioner has been asked to do is to show cause why his

passport be not impounded and that if he is able to show sufficient

cause, the said Authority will issue appropriate orders in terms of

the Passport Act and the applicable Rules.

4. On hearing the learned Central Government Counsel as

afore, Sri.Harisankar R., submitted that his client has already

been granted time till 26.01.2021 to produce necessary orders of

clearance from the Court below, but prayed that the time be

extended for a period of one month from today, by way of

abundant caution, so that his client will be in a position to do so

affirmatively.

Taking note of the afore submissions and since the petitioner

says that he has already approached the competent Criminal

Court for obtaining orders clearing his travel abroad, I order this

writ petition to the limited extent of directing the respondents not

to take any further action based on Ext.P5 for a period of one

month from today; within which time, the petitioner will be at WP(C).No.29138 OF 2020(N)

liberty to obtain necessary clearances from the Criminal Court

and produce it before the Consulate General of India in Dubai,

leading to appropriate orders thereon without any further delay

thereafter.

This writ petition is thus ordered.

SD/-

                                          DEVAN RAMACHANDRAN

rp                                              JUDGE
 WP(C).No.29138 OF 2020(N)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE POWER OF ATTORNEY DATED
                           21/04/2014.

EXHIBIT P2                 TRUE COPY OF CRL.M.P.12217 OF 2012 DATED
                           11/12/2012.

EXHIBIT P3                 TRUE COPY OF THE ORDER DATED 26/12/2012 IN
                           CRL.M.P.12217 OF 2012.

EXHIBIT P4                 TRUE COPY OF THE RELEVANT PAGES (2) OF THE
                           PETITIONER'S PASSPORT.

EXHIBIT P5                 TRUE COPY OF THE NOTICE BY THE 3RD RESPONDENT DATED
                           21/12/2020.

EXHIBIT P6                 TRUE COPY OF THE REPLY DATED 23/12/2020 BY THE
                           PETITIONER.