Jithinlal V.P vs Regional Passport Officer
2021 Latest Caselaw 20956 Ker

W.P.(C)No. 19353 of 2021
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 19353 OF 2021
PETITIONER:

               JITHINLAL V.P.,
               AGED 24 YEARS
               S/O.PURUSHOTHAMAN, VENMANI HOUSE, KOODALAPPAD,
               KOOVAPADY VILLAGE, ERNAKULAM DISTRICT.

               BY ADV M.J.SANTHOSH



RESPONDENTS:

    1          REGIONAL PASSPORT OFFICER,
               REGIONAL PASSPORT OFFICE, KOCHI-682035.

    2          THE STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
               OF KERALA, ERNAKULAM.




               SRI.P.VIJAYA KUMAR-ASG

               SMT.SABEENA P.ISMAIL-GOVERNMENT PLEADER




        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   06.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No. 19353 of 2021
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               BECHU KURIAN THOMAS, J.
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                    W.P.(C)No. 19353 of 2021
                ----------------------------------------
             Dated this the 6th day of October, 2021

                           JUDGMENT

Petitioner has approached this Court seeking a

direction to effect necessary correction and re-issue the

passport to him after renewing the validity of his passport

for the 'normal' term.

2. The petitioner is an accused in C.C. 1159/2016

on the files of the Judicial First Class Magistrate Court-III,

Perumbavoor. By Ext.P3 order dated 27.04.2021 the

learned Magistrate granted permission to the petitioner to

apply for an Indian passport, though, it was specified that

the same is not a permission to make a foreign journey. It

is submitted that when permission is granted without

specifying a time limit, the passport authority issues only a

short validity passport which invariably means passport

having a validity of one year. Petitioner submits that he

may not be in a position to obtain a visa for the course he W.P.(C)No. 19353 of 2021

intends to pursue abroad, with a limited validity passport.

3. It is seen from the pleadings in this writ petition

that trial in the case, C.C.No.1159 of 2016 before the

JFCM-III, Perumbavoor has already started. In spite of the

trial starting in 2016, nothing much seems to have

happened thereafter, as can be discerned from the fact

that the case is still pending in the Magistrate's Court. In

such a view of the matter, it is for the Magistrate to decide

whether petitioner ought to be permitted to travel abroad

and whether the petitioner ought to be issued with a

longer validity passport. The fact that petitioner intends to

pursue study abroad is certainly a matter that merits

consideration for issuing a passport with a longer validity.

However, as mentioned above, it is for the learned

Magistrate to consider the grant of permission, by

balancing the requirements of trial in C.C. No.1156 of

2016 and the need of the petitioner.

4. Having regard to the change of circumstances,

which is evident from Ext.P6 offer of admission for BBA in W.P.(C)No. 19353 of 2021

United Kingdom, it is for the petitioner to approach the

learned Magistrate seeking permission for the proposed

travel, as well as for a longer validity period for his

passport. If the petitioner makes an application before the

JFCM-III, Perumbavoor in C.C. No.1159 of 2016, for

permission to obtain a passport with a longer validity the

learned Magistrate shall consider the same and pass

appropriate orders in the light of the decision in

Thadevoose Sebastian Vs. Regional Passport Officer

[2021 (5) KLT 531]. If such an application is filed by

the petitioner, decision thereon shall be taken as

expeditiously as possible, in a time bound manner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/06.10.2021 W.P.(C)No. 19353 of 2021

APPENDIX OF WP(C) 19353/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF FINAL REPORT IN CC NO.1159/2016.

Exhibit P2 THE TRUE COPY OF CASE STATUS REPORT IN CC NO. 1159/2016 DOWNLOADED FROM E-

COURTS.

Exhibit P3 THE TRUE COPY OF THE ORDER OF JFCM COURT-III, PERUMBAVOOR, IN CMP NO.715/2021 DATED 27/04/2021.

Exhibit P4 THE TRUE COPY OF PETITIONER'S PASSPORT BEARING NO. U2401970.

Exhibit P5 THE TRUE COPY OF ORDER IN HARIDAS VS REGIONAL PASSPORT OFFICER IN WPC NO. 26084/2013.

Exhibit P6 TRUE COPY OF THE CONFIRMTION LETTER ISSUED BY THE ALPHA ACADEMY ERNAKULAM DATED 9.8.2021.