Kerala High Court
O. Vidyasagar vs The Regional Passport Officer on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 19619 OF 2022
PETITIONER:
O. VIDYASAGAR
AGED 76 YEARS
S/O LATE M. KRISHNANKUTTY MENON,
RESIDING AT KRISHNA KRIPA,
UDAYA CONVENT ROAD,
IRINJALAKUDA - 680 125,
PIN - 680125
BY ADV. K.R.ARUN
RESPONDENT:
THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE
PANAMPILLY NAGAR (P.O.)
COCHIN-682036,
PIN - 682036
BY SRI. S. MANU, ASSISTANT SOLICITOR GENERAL OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.19619/22
2
JUDGMENT
Petitioner is aggrieved by Ext.P6 communication dated
24.05.2022 received from the Regional Passport Office, Cochin,
intimating him of impounding of his Passport bearing No.
L7010439 issued on 27.01.2014 under the purview of Section
10(3)(h) of the Indian Passport Act on account of issuance of
non-bailable warrant.
2. The learned counsel appearing on behalf of the
petitioner submitted that there is a litigation between the
petitioner and his wife and in a petition under the provisions of
Protection of Women from Domestic Violence Act, 2005 some
amount was ordered which could not be paid and that resulted
into issuance of warrant of arrest. When the application for bail
was moved, the same was rejected on account of non-deposit
of the amount, by the learned Chief Judicial Magistrate vide
order dated 27.05.2022 Ext.P4. The aforementioned order was
assailed by the petitioner in this Court in Crl.R.P. No. 901/2019.
This Court vide order dated 03.06.2022 Ext.P5 suspended the
order dated 27.05.2022 on condition that the petitioner
WPC.19619/22
deposits a sum of Rs. 4,00,000/- within a period of three days
therefrom, before the Chief Judicial Magistrate Court, Ernakulam
and on such deposit, the petitioner shall be released on bail
forthwith. The amount, ordered, has been deposited.
3. Smt. Krishna takes notice on behalf of Sri. S. Manu,
the learned Assistant Solicitor General of India and submits that
at the time when Ext.P6 was issued to the petitioner, the order
of this Court had not been passed. Hence, it is on that account
the intimation was given to the petitioner. But the Department
would not be averse in taking a call in case the petitioner
approaches the department on a particular date along with the
aforementioned orders i.e., Exts.P4 and P5.
In this view of the matter, I dispose of this writ petition by
issuing directions to both the parties. The petitioner is directed
to approach the office of the Regional Transport Officer, Cochin
on 22.06.2022 at 10.00 A.M. along with the aforesaid orders
and any other documents which are required and submit the
same for the purpose of re-issuance of passport and also for
overcoming the objection taken in the communication dated
24.05.2022. In case all the documents are found to be in
compliance of the provisions of the Passport Act and the Rules
WPC.19619/22
framed thereunder, the Regional Passport Officer shall re-issue
the passport, in accordance with law, within a period of fifteen
days thereafter.
Sd/-
AMIT RAWAL
JUDGE
DCS/17.06.2022
WPC.19619/22
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE
BEARING NO. SCN/312562175/22 DATED
04.05.2022 ISSUED BY THE RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER DATED 06.05.2022
IN BAIL APPLICATION NO. 3445/2022
PASSED BY THE HONORABLE HIGH COURT OF
KERALA
Exhibit P3 TRUE COPY OF THE REPLY/OBJECTION DATED
10.05.2022 FILED BEFORE THE RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER DATED 27.05.2022
IN C.M.P. 2836/2018 IN M.C. 12/2014 ON
THE FILES OF THE CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM
Exhibit P5 TRUE COPY OF THE ORDER DATED 03.06.2022
IN CRL. M. APPL. NO. 01/2022 IN CRL.
R.P. 901/2019
Exhibit P6 TRUE COPY OF THE COMMUNICATION BEARING
NO.IMP/312673423/22 DATED 24.05.2022
ISSUED BY THE RESPONDENT
