Shiny Shukoor vs Union Of India
2022 Latest Caselaw 2119 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                          WP(C) NO. 5284 OF 2022
PETITIONER:

              SHINY SHUKOOR
              AGED 51 YEARS
              D/O.M.M.MUSTAFFA, RAMADAN MANZIL,
              VETTIMUKAL P.O., ETTUMANOOR,
              KOTTAYAM DISTRICT, PIN-686 631

              BY ADVS.
              S.RANJIT (KOTTAYAM)
              GOKUL DAS V.V.H.



RESPONDENTS:

     1        UNION OF INDIA
              REPRESENTED BY ASSISTANT SOLICITOR GENERAL OF INDIA,
              HIGH COURT OF KERALA, ERNAKULAM, PIN-682 032.

     2        REGIONAL PASSPORT OFFICER,
              REGIONAL PASSPORT OFFICE COCHIN BUILDING,
              PANAMPILLY NAGAR, COCHIN, ERNAKULAM, PIN-682 036

     3        ASSISTANT PASSPORT OFFICER,
              PASSPORT SEVA KENDRA, KOTTAYAM,
              4 SQUARE PLAZA, M.C.ROAD, OPP. MAHADEVA TEMPLE,
              NAGAMPADAM, KOTTAYAM, PIN-686 001

              BY ADV.SRI.MANU S., ASG OF INDIA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.5284/2022
                                           2




                                    JUDGMENT

This is a classic case of highhandedness at the hands of

Assistant Passport Officer in raising objections for re-issuance of the

passport by a single parent facing a matrimonial discord directing

them to approach the court and obtain the court order. The

aforementioned fact is recorded in Ext.P6 communication dated

20.1.2022 which reads as under :

"Single parent case. Pl. process with change of name docs and hold for F's consent in D or court order. (Child's custody not mentioned in divorce order."

2. Learned counsel for the petitioner submits that the

petitioner is already divorced and is a single parent and Ext.P2 copy

of the divorce had already been supplied. But despite that the

aforementioned noting was put by the Passport Officer. There is

already a form Annexure 'C' Ext.P5 enclosed with the passport form

which had already been filled by the petitioner giving an

undertaking that the entire responsibility would be of her as there is

already an order of divorce. But despite that the objections have

been raised.

3. It is submitted on behalf of the ASGI that during the

pendency of the writ petition, respondents have processed the WP(C) No.5284/2022

application of the petitioner on 22.2.2022 and the passport shall be

reissued in the name of the minor child namely, Smt.Sumayya,

D/o.Shiny Shukoor.

4. This Court has come across similar litigation day in and

day out whereby the petitioners/applicants for re-issuance of

passport particularly either of the parent who is facing the

matrimonial discord or there is already a separation, are compelled

to approach this Court for appropriate order, despite filling the form

Annexure 'C'. The officers at the helm of affairs exercising the

powers for issuing the passport are supposed to deal with the

application in a pragmatic and reasonable manner, but should not

reject the application in the manner and mode as extracted above.

Knowing fully well that this Court would have expressed concern

with regard to the spate of litigation and may come down heavily on

the action of the respondents, in anticipation of that processed the

application of the petitioner, but for redressal of the grievance, is

impelled to shell out litigation expenses.

5. In view of the statement made on behalf of the Passport

Officer that the application has been processed and passport shall

be issued, this Court is sanguine of the fact that the passport shall WP(C) No.5284/2022

be issued within a period of one week from today. But, it would be

subject to the cost of the litigation of Rs.25,000/- to be paid by

respondent No.3 from his own salary.

6. This order is also directed to be circulated to all the passport

officers who have been raising such type of objections compelling

the affected parties to approach this Court for no rhyme and

reasons. Copy of the order is directed to be handed over to the

ASGI for circulation to all the passport officers.

Writ Petition is disposed of as above.

Sd/-

AMIT RAWAL JUDGE csl WP(C) No.5284/2022

APPENDIX OF WP(C) 5284/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE INDIA PASSPORT BEARING NUMBER R6687676 ISSUED TO THE PETITIONER'S MINOR DAUGHTER

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 23.8.2016 IN OP NO 556/2016 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR

Exhibit P3 TRUE COPY OF THE PASSPORT APPLICATION FORM SUBMITTED BY THE PETITIONER FOR HER DAUGHTER

Exhibit P4 TRUE COPY OF THE DECLARATION IN ANNEXURE C SUBMITTED BY THE PETITIONER

Exhibit P5 TRUE COPY OF THE DECLARATION IN ANNEXURE D SUBMITTED BY THE PETITIONER

Exhibit P6 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT BEARING THE ENDORSEMENTS DATED 20.1.2022 MADE BY THE 3RD RESPONDENT

Exhibit P7 COPY OF THE COMPUTER PRINTOUT REGARDING THE ONLINE APPLICATION STATUS OF EXHIBIT P3 APPLICATION

Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE EL-

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