Shahabudeen Nazar vs The Regional Passport Office, ...
2022 Latest Caselaw 2184 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. 3996 OF 2022
PETITIONER:

          SHAHABUDEEN NAZAR,
          AGED 49 YEARS,
          S/O.SHAHABUDHEEN.M., HOUSE NO.36/38/4, SHIBIRAM,
          KARALI ROAD, PERUNTHANNI, VALLAKKADAVU POST,
          THIRUVANANTHAPURAM DISTRICT-695 008,
          PRESENTLY RESIDING AT TC 89/679(2), GVRRA-A50(1),
          BEACH POST, THIRUVANANTHAPURAM DISTRICT-695 007.

          BY ADVS.
          AJIT G ANJARLEKAR
          GOVIND PADMANAABHAN
          G.P.SHINOD
          ATUL MATHEWS


RESPONDENTS:

    1     THE REGIONAL PASSPORT OFFICE, TRIVANDRUM,
          SNSM BUILDING, KARALKADA JUNCTION, PETTAH P.O.,
          TRIVANDRUM-695 024, KERALA,
          REPRESENTED THROUGH ITS REGIONAL PASSPORT OFFICER.

    2     THE REGIONAL PASSPORT OFFICER,
          THE REGIONAL PASSPORT OFFICE, TRIVANDRUM SNSM BUILDING,
          KARALKADA JUNCTION, PETTAH P.O., TRIVANRUM-695 024,
          KERALA.


OTHER PRESENT:

          SRI JUSTIN JACOB, SR GP


     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. 3996 OF 2022      -2-

                          JUDGMENT

Learned counsel for the petitioner submits that

the petitioner is working in the AIMS Hospital at

Thiruvananthapuram. There is untraced report in a

crime case allegedly registered against the petitioner as

evident from Ext.P7 dated 04.05.2015. It is not

ascertainable whether the forensic report with regard to

the authenticity of the insolvency certificate purported to

be forged has been filed in the Court of the Chief Judicial

Magistrate or not. But owing to the reflection of the

crime case in the records of the Police, passport

authorities are not issuing the passport.

2. In support of the contention he relies upon the

judgment dated 30.09.2021 in W.P(C). No.15182 of 2021

Ext.P8 wherein liberty has been granted to similarly

situated accused to approach the Magistrate for

obtaining an appropriate order with a further direction to

the passport authorities to issue the passport without

seeking the permission of the Magistrate. Petitioner has

expressed urgency in the matter as he got an opportunity

to work in Bahrain and owing to the non-issuance of the

passport, would be deprived of such chance.

3. Adv.Bea Mary Benny submits that

inadvertently the name of the Assistant Solicitor General

has not been shown in the cause list. It is by-chance

they come to know about the listing of the writ petition

and seeks time to obtain instructions.

4. I direct the respondent Passport authority to take

a call on the application of the petitioner for issuance of

the passport in terms of the judgment Ext.P8 and the

untraced report Ext.P7 dated 04.05.2015. Petitioner is

also at liberty to place on record similar orders passed

after 04.05.2015 reflecting the status of the crime case

pending before the Magistrate, if any, and also approach

the Magistrate for taking appropriate action to bring it to

a logical end. The passport authorities shall take

endeavour within a period of 15 days from the date of

receipt of a certified copy of the judgment.

Writ petition stands disposed off with the

aforementioned observations.

Government Pleader is directed to ascertain and

sensitize this Court as to why such delay is being caused

in bringing the criminal proceedings to a logical end by

awaiting the final report for years together. For that

limited purpose, this matter is posted to 01.04.2022.

Sd/-

AMIT RAWAL JUDGE

VV

APPENDIX OF WP(C) 3996/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMMUNICATION DATED 02.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT DATED 28.12.2021.

Exhibit P3 A TRUE COPY OF THE AADHAAR CARD.

Exhibit P4 A TRUE COPY OF THE RENT DEED DATED 13.12.2021 WITH TRANSLATION.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 28.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH TRANSLATION.

Exhibit P6 A TRUE COPY OF THE FIR IN CRIME NO.382 OF 2012 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM CITY.

Exhibit P7 A TRUE COPY OF THE UD REPORT DATED 04.05.2015 FILED BY THE SHO, MUSEUM POLICE STATION.

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 30.09.2021 OF THIS HONOURABLE COURT IN WPC NO.15182 OF 2021.