Jeffin P. Joseph vs Regional Passport Officer
2021 Latest Caselaw 12416 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                      WP(C).No.11036 OF 2021(D)


PETITIONER:

               JEFFIN P. JOSEPH
               AGED 31 YEARS
               S/O. JOSEPH VARGHESE,
               PAINUMMOTTIL HOUSE,
               PODIYADI P. O., THIRUVALLA,
               PATHANAMTHITTA DISTRICT, PIN - 689 110.

               BY ADV. SRI.C.S.MANU

RESPONDENTS:

      1        REGIONAL PASSPORT OFFICER
               PASSPORT OFFICE, THIRUVANANTHAPURAM.

      2        PASSPORT SEVA KENDRA,
               ALAPPUZHA
               AVENUE CENTRE, BEACH ROAD,
               ALAPPUZHA, PIN - 688 001.

      3        UNION OF INDIA
               REPRESENTED BY THE SECRETARY,
               MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI.

               R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

               SRI. DAYA SINDHU SRIHARI N.S CGC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11036 OF 2021(D)

                                  2




                            JUDGMENT

Dated this the 11th day of May 2021

Admit. The ASGI takes notice for the respondents.

2. The writ petition has been filed praying that the

respondents may be directed to renew the passport for a period of

ten years as per the Rules and practice of the passport authorities

on the basis of Ext.P1 order passed by the Judicial First Class

Magistrate, Thiruvalla. The grievance of the petitioner is that the

respondents relying on the office memorandum dated 10.10.2019

are taking the stand that if the order of the court does not specify

a particular period, the passport shall be issued for a period of one

year alone. The said provision has been made on the basis of GSR

570(E) in excise of powers conferred by Section 22 A of the

Passports Act 1967.

3. In the circumstances, instead of considering the

correctness or otherwise of the office memorandum, I am of the

opinion that the petitioner may be directed to file an application

before the Judicial First Class Magistrate, Thiruvalla seeking for

modification of Ext.P1 order by specifying the time for which the

passport can be renewed. If such an application is filed by the WP(C).No.11036 OF 2021(D)

petitioner, the same shall be considered by the Judicial First Class

Magistrate, Thiruvalla at the earliest at any rate within three weeks

from the filing of the application.

The writ petition is disposed of as above.

Sd/-

T.R.RAVI

JUDGE

Sn WP(C).No.11036 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10.03.2021 IN CRL.MP.NO.1009 OF 2021 IN C.C.NO.550 OF 2014 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, THIRUVALLA

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR THE RENEWAL OF PASSPORT

EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM BEARING NUMBER VI/401/1/5/2019 DATED 10.10.2019 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL



          //TRUE COPY//            PA TO JUDGE