Soby George vs Union Of India
2021 Latest Caselaw 22986 Ker

WP(C) NO. 22066 OF 2021


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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                           WP(C) NO. 22066 OF 2021
PETITIONER/S:

            SOBY GEORGE
            AGED 54 YEARS
            S/O.LATE KORA GEORGE, KAKKANATU (H), NELLIMATTOM,
            KOTHAMANGALAM, ERNAKULAM
            BY ADVS.
            SABU S.KALLARAMOOLA
            LEEJOY MATHEW.V.


RESPONDENT/S:

     1      UNION OF INDIA
            REP.BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, 'A WING',
            JAWAHARLAL NEHRU BHAVAN, 23D, JANAPATH, NEW DELHI 110 011
     2      THE REGIONAL PASSPORT OFFICER
            REGIONAL PASSPORT OFFICE, PANAMPALLY NAGAR, COCHIN 682 036
            BY ADV P.VIJAYAKUMAR
                   JAISHANKAR V.NAIR CGC




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22066 OF 2021


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                    BECHU KURIAN THOMAS, J.
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                        W.P.(C)No.22066 of 2021
               ==========================
               Dated this the 23rd day of November, 2021

                               JUDGMENT

Petitioner seeks for a direction to renew the

passport of the petitioner. Petitioner's existing passport bear

the No.J5796048, which expired on 26.2.2021. He applied for

renewal of his passport. However, by Ext.P7 intimation, it was

informed by the passport issuing authority that petitioner had

suppressed the existence of Crime No.1160/2020 before the

Kothamangalam Police Station, pending as ST 1677/2020 before

the Judicial First Class Magistrate Court, Kothamangalam. It was

further directed that petitioner must furnish an explanation

regarding the circumstances, in which he had suppressed the

pendency of the criminal case.

2. Petitioner claims that he has not suppressed any

information, since even as on date, petitioner has not been WP(C) NO. 22066 OF 2021

served with any summons under the proceedings and therefore,

by no strech of imagination can the petitioner be presumed to

be aware about the pendency of the criminal proceedings.

3. I have heard Adv.Sabu S, learned Counsel appearing for

the petitioner as well as Adv. Jaishankar V Nair, learned Central

Government Counsel.

4. Admittedly a criminal case is pending against the

petitioner, though the summons has not yet been served on

him. On an appreciation of the factual circumstances that has

arisen in this case, I am of the view that the remedy of the

petitioner is to obtain permission from the Magistrate Court, as

per the propositions of law laid own in [Thadevoose Sebastian

Vs. The Regional Passport Office [2021 (5) KLT 531].

5. Further, if the petitioner has not been served with the

summons till date, the passport issuing authority cannot assume

that the petitioner was aware about the pendency of the

criminal case before the Magistrate Court at the time of

applying for the passport. However, petitioner is bound to

explain it to the Authority.

6. With the above observations, I relegate the petitioner to WP(C) NO. 22066 OF 2021

obtain the required permission from the Magistrate Court

concerned, for the purpose of enabling the respondents to

process the application for issuance of passport. Further,

petitioner is also given the liberty to submit appropriate

explanation to Ext.P12 notwithstanding the explanation already

offered as Ext.P11. Needless to mention, if such permission is

obtained and the explanation offered, the 2 nd respondent shall

consider the application of the petitioner in accordance with

law, in a time bound manner.

With the above observation, this writ petition is disposed

of.

Sd/-

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 22066 OF 2021

APPENDIX OF WP(C) 22066/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF PETITIONER'S PASSPORT NO.J5796048 Exhibit P2 TRUE COPY OF ORDER DATED 10.10.2017 OF THE CJM COURT, ERNAKULAM CMP NO.2780/17 IN CC.215/2014 Exhibit P3 TRUE COPY OF ORDER DATED 11.09.2018 OF THE CJM COURT, ERNAKULAM CMP NO.2244/18 IN CC.215/2014 Exhibit P4 TRUE COPY OF ORDER DATED 26.10.2018 OF THE CJM COURT, ERNAKULAM CMP NO.2553/18 IN CC.215/2014 Exhibit P5 TRUE COPY OF ORDER DATED 21.11.2019 OF THE CJM COURT, ERNAKULAM CMP NO.4333/18 IN CC.215/2014 Exhibit P6 TRUE COPY OF THE ORDER IN CMP NO.1069/2021 IN CC NO.215/14 DATED 21.6.2021 OF CJM COURT, ERNAKULAM Exhibit P7 TRUE COPY OF LETTER DATED 20.7.2021 OF 2ND RESPONDENT Exhibit P8 TRUE COPY OF REPLY DATED 12.8.2021 OF PETITIONER Exhibit P9 TRUE COPY OF FINAL REPORT SUBMITTED IN S.T.NO.1677/2020 OF JFCM COURT, KOTHAMANGALAM Exhibit P10 TRUE COPY OF OF 'B' DIARY PROCEEDINGS IN S.T.NO.1677/2020 OF JFCM COURT, KOTHAMANGALAM Exhibit P11 TRUE COPY OF REMINDER DATED 31.8.2021 FILED BY THE PETITIONER Exhibit P12 TRUE COPY OF LETTER DATED 9.9.2021 OF 2ND RESPONDENT