Vaisakh Kattoor Prabhakaran vs Regional Passport Officer
2021 Latest Caselaw 15714 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                       WP(C) NO. 35908 OF 2015
PETITIONER:

           VAISAKH KATTOOR PRABHAKARAN
           AGED 29 YEARS
           S/O.PRABHAKARAN KATTOOR KUTTAN,
           KATTOOR HOUSE, KANIMANGALAM P.O.,
           THRISSUR DISTRICT, KERALA, PIN - 680 027.

           BY ADVS.
           SRI.C.D.DILEEP
           SMT.P.K.PAMALA
           SMT.SHYLAJA VARGHESE


RESPONDENTS:

    1      REGIONAL PASSPORT OFFICER
           REGIONAL PASSPORT OFFICE,
           PANAMBILLY NAGAR, COCHIN, PIN - 682 036.

    2      GOVERNMENT OF INDIA
           MINISTRY OF EXTERNAL AFFAIRS,
           NEW DELHI, PIN - 110 001.

    3      SUB INSPECTOR OF POLICE
           NEDUPUZHA POLICE STATION, NEDUPUZHA,
           THRISSUR DISTRICT - 680 602.

    4      SUPERINTENDENT OF POLICE
           RURAL, THRISSUR - 680003

    5      STATE OF KERALA
           REPRESENTED BY SECRETARY, HOME DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

           BY ADVS
           ASSISTANT SOLICITOR GENERAL
           SMT.REKHA C.NAIR, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.35908 OF 2015

                                        2




                                     JUDGMENT

Dated this the 30th day of July 2021

This writ petition has been filed challenging

Ext.P5 order by which the petitioner was directed

to surrender his passport bearing No.M 9986293

issued on 09.06.2015. According to the petitioner,

Ext.P5 order is issued in violation of principles

natural justice. He also submits that the copy of

adverse Police Verification Report mentioned in

Ext.P5 has not been served on him and therefore

seeks for a direction to issue a copy of the

verification report and also for a direction

commanding the 1st respondent to disclose the

details of the criminal cases pending against him.

2. A statement has been filed on behalf of

the 1st and 2nd respondent which discloses that the

petitioner had applied for a passport under the

'Tatkal' scheme by suppressing material facts. It is WP(C).No.35908 OF 2015

stated that when an application is made for a

passport under the 'Tatkal' scheme the Police

Verification Report is usually obtained only after the

passport is issued. The petitioner had not disclosed

the fact that there were criminal cases pending

against him as Crime No.867/2014 and 992/2014

of Nedupuzha Police Station.

3. On receipt of the adverse Police

Verification Report disclosing the fact that the

aforesaid crimes were pending against the

petitioner. The 1st respondent issued a show cause

notice, which is produced as Ext.P2 in the writ

petition. The petitioner submitted that Ext.P4 reply

stating that as per his information the only criminal

case pending against him was one registered in

2014 relating to offences under Section 279 of the

IPC and Section 185 of the Motor Vehicles Act [a

case of driving under influence of alcohol]. He

submitted that the said criminal case culminated in WP(C).No.35908 OF 2015

an order directing him to pay a fine of Rs.2,000/-

and on the fine being remitted the case has been

closed by the concerned Court. He also relied on

Ext.P3 information obtained under the Right to

Information Act, in support of his contention.

4. Section 12(b) of the Passports Act, 1967,

provides that a person who furnishes false

information or suppresses any material information

with a view to obtaining a passport or travel

document shall be punishable with imprisonment

for a term which may extend to six months or with

fine of Rs.2,000/- or with both. Section 6(2)(f) of

the Passports Act 1967, also provides that the

Passport Authority shall not issue a passport or

travel document when a proceeding in respect of an

offence alleged to have been committed by the

applicant is pending before the Criminal Court. The

conditions upon which passport or travel document

can be issued in cases were a criminal case is WP(C).No.35908 OF 2015

pending against the applicant is set out in a

notification namely GSR 570(E) dated 25.08.1993

which requires the applicant to produce orders from

the concerned Criminal Court permitting him/her to

obtain a passport for the purpose of traveling

abroad.

5. In the light of the facts stated above it is

clear that Ext.P5 does not call for any interference.

It is also clear from the statement that the

petitioner may either produce proof of disposal of

pending cases or obtain a No Objection Certificate

in accordance with the provisions of the notification

dated 25.08.1993 referred to above to continue

enjoying the privileges of the passport.

In the light of the above, the relief as prayed

for by the petitioner cannot be granted. It is for the

petitioner to approach the competent among the

respondents in the manner indicated above, if he

requires the release of the passport or issuance of WP(C).No.35908 OF 2015

a fresh passport. This writ petition fails and it is

accordingly dismissed.

Sd/-

GOPINATH P.

VPK JUDGE WP(C).No.35908 OF 2015

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1. A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER NO.9986293 ISSUED BY THE 1ST RESPONDENT DATED 09.06.2015 TO THE PETITIONER.

EXHIBIT P2. A TRUE COPY OF THE LETTER DATED 14.07.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER SEEKING EXPLANATION.

EXHIBIT P3. A TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER UNDER RTI ACT FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.II, THRISSUR.

EXHIBIT P4. A TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE EXT-P2 DATED 17.08.2015.

EXHIBIT 5. A TRUE COPY OF THE LETTER DATED 05.11.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER TO SURRENDER THE PASSPORT OTHERWISE TO IMPOUND THE PASSPORT.