George Siji vs Union Of India
2021 Latest Caselaw 12509 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE SMT. JUSTICE P.V.ASHA
      THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
                          WP(C) NO. 19353 OF 2020
PETITIONER:


   GEORGE SIJI, AGED 46 YEARS,
1. S/O.ITTICHERIYA GEORGE, THUNDIL PADINJARE VEEDU,
   PERUNGALLOOR, AYOOR P.O., KOLLAM-691 533

     BY ADVS M.KIRANLAL
     MANU RAMACHANDRAN
     T.S.SARATH
     R.RAJESH



RESPONDENTS:


1. UNION OF INDIA
   REP. BY THE SECRETARY TO GOVERNMENT,
   MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001

     THE PASSPORT OFFICER
2.
     REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM - 695 024

     BY ADV SHRI.P.VIJAYAKUMAR



THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19353 OF 2020

                                        2




                          P.V.ASHA J.
              ------------------------------------
                   W.P.(C).No.19353 of 2020
              ------------------------------------
                   Dated this the 20th day of May, 2021

                            J U D G M E N T

The petitioner was issued a passport originally from

Thane while he was working in Maharashtra. It is stated that

the said passport is valid only upto 24.05.2021. The

petitioner had submitted an application for renewal of the

passport which was rejected as per Ext.P7 on the ground that

the petitioner had suppressed material information with

respect to a passport issued on 21.08.1996 at Trivandrum and

had obtained another passport on 16.06.2001 from the RPO,

Thane. Stating that the above action attracted section 10(3)

(b)and 12(1)(b)of the the Passport Act, 1967, the application

for renewal was rejected. The petitioner points out that he WP(C) NO. 19353 OF 2020

had already caused publication of Ext.P3 notification in a

newspaper regarding the loss of his passport issued in 1996

and had preferred a complaint to that effect in

Chadayamangalam Police Station as evident from Ext.P4. He had

thereafter submitted Ext.P6 application for re-issue of

passport. It is stated that the said application is not

considered.

2. Adv.Smt.Krishna submitted on behalf of the ASGI that

the action of the petitioner for obtaining a 2 nd passport

suppressing the material information regarding the first

passport attracts action under Section 10(3)(b) and 12(1)(b)

of the Passport Act. 3. The petitioner has already

effected publication regarding the loss of his first passport

and a complaint is also preferred to that effect in the Police

Station. Referring to all those documents he has submitted

Ext.P6 application for re-issue of passport. It is stated

that the petitioner has to return to Kuwait immediately after

the restrictions issued on account of COVID-19 pandemic and

any delay will affect his future and career prospects. WP(C) NO. 19353 OF 2020

Accordingly, the writ petition is disposed of with a

direction to the 2nd respondent to consider and pass orders on

Ext.P6 application as expeditiously as possible.

Sd/-

P.V.ASHA, JUDGE AS WP(C) NO. 19353 OF 2020

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 - A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT

EXHIBIT P2 - A TRUE COPY OF THE APPLICATION DATED 6.6.2020

EXHIBIT P3 - A TRUE COPY OF THE PAPER PUBLICATION DATED 23.6.2020 IN KERALA KAUMADI DAILY

EXHIBIT P4 - A TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHADAYAMANGALAM POLICE DT.24.6.2020

EXHIBIT P5 - A TRUE COPY OF THE JUDGMENT IN WRIT PETITION 13700/2020.

EXHIBIT P6 - A TRUE COPY OF THE APPOINTMENT RECEIPT

EXHIBIT P7 - A TRUE COPY OF THE LETTER REJECTING THE APPLICATION DATED 27.7.2020.