Neethu Nobal vs Government Of India
2021 Latest Caselaw 19736 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
                       WP(C) NO. 41762 OF 2017
PETITIONER:

          NEETHU NOBAL
          W/O. LINISH BHASKARAN,
          GEETHA BHAVANAM, KOODAL P. O.,
          PATHANAMTHITTA DISTRICT,
          KERALA STATE,
          PIN - 689 693.

          BY ADV SRI. VINOY VARGHESE KALLUMMOOTTIL

RESPONDENTS:

    1     GOVERNMENT OF INDIA
          REPRESENTED BY SECRETARY TO MINISTRY OF EXTERNAL
          AFFAIRS, NORTH BLOCK,
          PARLIAMENT STREET, NEW DELHI - 1.
    2     REGIONAL PASSPORT OFFICER
          REGIONAL PASSPORT OFFICE,
          SNSM JUNCTION, PETTAH P. O.,
          THIRUVANANTHAPURAM - 695 024.

          SRI.JAISHANKAR V.NAIR - CGC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.09.2021, ALONG WITH WP(C).18831/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).Nos.41762 OF 2017 & 18831 OF 2021

                                  2



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
                       WP(C) NO. 18831 OF 2021
PETITIONER:

          NEETHU NOBAL
          AGED 27 YEARS
          W/O. LINISH BHASKARAN,
          GEETHA BHAVANAM, KOODAL P. O,
          PATHANAMTHITTA DISTRICT,
          KERALA STATE, PIN - 689 693.

          BY ADV SRI. VINOY VARGHESE KALLUMMOOTTIL


RESPONDENTS:

    1     GOVERNMENT OF INDIA
          REPRESENTED BY SECRETARY TO MINISTRY OF EXTERNAL
          AFFAIRS, NORTH BLOCK,
          PARLIAMENT STREET,
          NEW DELHI - 110 001.
    2     REGIONAL PASSPORT OFFICER
          REGIONAL PASSPORT OFFICE,
          SNSM JUNCTION, PETTAH P.O,
          THIRUVANANTHAPURAM - 695 024.

          BY ADV SRI. P.VIJAYAKUMAR, ASGI
          SRI. JAISHANKAR V. NAIR, CGC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.09.2021, ALONG WITH WP(C).41762/2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.41762 OF 2017 & 18831 OF 2021

                                   3




                              JUDGMENT

Petitioner is the holder of passport bearing No.R 5980992

issued by the 2nd respondent on 20.11.2017. The said passport

was seized at Cochin International Airport by letter dated

13.02.2021, while petitioner was returning from UAE on the

said date. The issue raised in these two writ petitions revolves

around the question whether petitioner's passport is liable to

be impounded or not.

2. W.P.(C) No.41762 of 2017 was initially filed when

Ext.P1 was issued to her, seeking clarifications regarding an

adverse police report relating to her passport application. It

was mentioned in Ext.P1 that Crime No.3832 of 2017 of

Pathanamthitta Police Station was learnt to have been

registered against the petitioner and that she obtained the

passport suppressing the information relating to the existence

of the "criminal proceedings" against the petitioner. A reply

was given by petitioner stating that there was no suppression

since her application for passport was on 20.11.2017, while the

FIR was lodged on 24.11.2017. Subsequently, while the writ WP(C).Nos.41762 OF 2017 & 18831 OF 2021

petition was pending, that she was served with Ext.P8 seizure

letter and her passport was seized from her at the airport.

Petitioner has produced the seizure letter as Ext.P8.

3. W.P.(C) No.18831 of 2021 is filed by the petitioner

challenging the seizure letter and the order impounding the

passport issued to the petitioner.

4. I have heard Adv.Vinoy Varghese, the learned

counsel for the petitioner as well as Sri.Jaishankar V.Nair, the

learned Central Government Counsel on behalf of the

respondents.

5. Ext.P4 produced in W.P.(C) No.41762 of 2017 is a

final report filed in Crime No.3832 of 2017 of Pathanamthitta

Police Station. A perusal of the said report shows that after

investigation into Crime No.3832 of 2017, the Sub Inspector of

Police, Pathanamthitta Police Station had filed a final report

stating that the case alleged against the petitioner was false.

In view of the said final report filed on 13.03.2020, there are

no criminal proceedings pending against the petitioner as on

date.

6. Though, I would have disposed of the case on the WP(C).Nos.41762 OF 2017 & 18831 OF 2021

basis of the final report referred to above, I find, from the

records produced in this case that, petitioner's application for

issuance of passport was filed on 20.11.2017 based on which

she was issued with the passport bearing No.R 5980992.

However, the police verification report which came

subsequently, showed an adverse entry as existence of Crime

No.3832 of 2017. Based upon the adverse police report,

Ext.P1 show cause notice was issued to the petitioner seeking

clarification. Petitioner had submitted Ext.P2 clarification

stating that she was not aware about the FIR at the time of

application and that there was no suppression as alleged.

There was a further allegation in Ext.P1 about the address

details provided by the petitioner in her application. According

to the passport issuing authority, based upon the police

verification report, there was variance in the address details

provided by the petitioner in her application and her actual

address. Petitioner had explained that the address given by

her in the application for issuance of passport was based on

her Aadhar card and that there was nothing incorrect in the

particulars provided.

WP(C).Nos.41762 OF 2017 & 18831 OF 2021

7. Unfortunately for the petitioner, 13.02.2021 was an

unlucky day for her, when her passport was seized at the

airport while she was returning from UAE. It is informed that

the passport was seized on the basis of an order of impounding

of the petitioner's passport on 07.08.2020. It is thereafter the

petitioner has preferred W.P.(C) No.18831 of 2021 challenging

the seizure letter as well as the order impounding her

passport.

8. As mentioned earlier, petitioner applied on

20.11.2017 but Ext.P4 FIR shows that the crime was

registered only on 24.11.2017. Undoubtedly, petitioner could

never have mentioned the existence of a crime in her passport

application since there was no such crime pending. Petitioner

had not suppressed any details at the time she applied for

issuance of passport. Needles to say, the proceedings initiated

as per Ext.P1 which resulted in the consequent order of

impounding of her passport and seizure of the passport were

all illegal and without authority.

9. Further, it is also seen that the address given by the

petitioner for obtaining her passport was based upon the WP(C).Nos.41762 OF 2017 & 18831 OF 2021

address in the Aadhar card. The permanent address of the

petitioner, according to her, still remains the address shown in

the Aadhar card and hence in that regard also there are no

incorrect particulars given by the petitioner.

10. Having regard to the aforesaid circumstances, I am

of the view that, all proceedings pursuant to Ext.P1 in W.P.(C)

No.41762 of 2017 are liable to be set aside.

Therefore, I set aside the order dated 07.08.2020,

impounding the passport bearing No.R. 5980992 as well as

Ext.P8 seizure letter in W.P.(C) No.18831 of 2021 and further

direct the 2nd respondent in W.P.(C) No.18831 of 2021 to

release petitioner's passport bearing the above referred

number, forthwith.

These writ petitions are allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE SPR WP(C).Nos.41762 OF 2017 & 18831 OF 2021

APPENDIX OF WP(C) 41762/2017

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29-11-2017.

EXHIBIT P2 TRUE COPY OF THE EXPLANATION SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PASSPORT BEARING NO.R5980992.

EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.3832 PATHANAMTHITTA POLICE.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE PATHANAMTHITTA.

EXHIBIT P6 TRUE COPY OF THE 2ND REPRESENTATION FILED BY BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER.

EXHIBIT P8 THE COPY OF THE NOTICE DATED 13-02-2021 ISSUED BY THE IMMIGRATION AUTHORITIES ON SEIZURE OF PASSPORT OF THE PETITIONER.

EXHIBIT P9 TRUE COPY OF VISA PROVIDED BY THE EMPLOYER IN THE GULF COUNTRY TO DO THE JOB.

RESPONDENT'S EXHIBITS: NIL.

WP(C).Nos.41762 OF 2017 & 18831 OF 2021

APPENDIX OF WP(C) 18831/2021

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29.11.2017.

EXHIBIT P2 TRUE COPY OF THE EXPLANATION SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PASSPORT BEARING NO.

R5980992.

EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.3832 PATHANAMTHITTA POLICE.

EXHIBIT P5 TRUE COPY OF THE 2ND REPRESENTATION FILED BY BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE VISA ISSUED BY UAE AUTHORITIES.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 13.02.2021 ISSUED BY THE IMMIGRATION AUTHORITIES AT COCHIN INTERNATIONAL AIRPORT.

    RESPONDENT'S EXHIBITS:    NIL.