Sreejith Soman vs The Regional Passport Officer
2022 Latest Caselaw 2889 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                          WP(C) NO. 8484 OF 2021
PETITIONER:

              SREEJITH SOMAN
              AGED 45 YEARS
              S/O. SOMAN JANARDHANAN, AASHIYANA,
              WEST KADUNGALLOOR P. O., MUPPATHADAM,
              ERNAKULAM - 683 110.

              BY ADVS.
              S.SAJU
              SRI.A.V.SAJAN
              SMT.NEELANJANA NAIR
              SMT.POOJA SEBASTIAN



RESPONDENTS:

     1        THE REGIONAL PASSPORT OFFICER
              THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P. O.,
              COCHIN, ERNAKULAM DISTRICT, PIN - 682036.

     2        THE MINISTRY OF EXTERNAL AFFAIRS OF THE GOVERNMENT OF
              INDIA
              REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
              AFFAIRS, NEW DELHI - 110 001.

              BY ADVS.
              SHRI.P.VIJAYAKUMAR, ASG OF INDIA
              SRI.JAISHANKAR V.NAIR, CGC
              SMT.S.KRISHNA CGSC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8484 OF 2021                           2




                                          JUDGMENT

The petitioner has filed this writ petition for a direction to

the respondents to facilitate renewal of the petitioner's

passport/reissue a fresh passport to the petitioner after

extending its validity within a time frame.

2. According to the petitioner, the petitioner initially

possessed Ext.P1 passport numbered as S873988 issued from

Cochin in the year 1994. Later, the petitioner received another

passport, Ext.P2 in his name through an agency, numbered as

A0195271. The petitioner states that he applied for a second

passport, without being aware of the legal consequences of the

same. In continuation of Ext.P2 passport No.A0195271 the

petitioner applied for reissue of the said passport. When it was

found that the petitioner was holding two valid passports at one

point of time with different particulars, the 1 st respondent sought

an explanation from the petitioner and the petitioner admitted

that he obtained Ext.P1 passport and that the petitioner applied

for the second passport, without knowing the consequences of

having two passports. On receiving explanation from the

petitioner, the 1st respondent issued Ext.P5 show cause notice to

explain the circumstances under which the petitioner had

suppressed material facts.

3. The petitioner submitted Ext.P6 representation in reply

to Ext.P5 before the 1st respondent. The petitioner therefore

prays for a direction to the 1 st respondent to facilitate renewal of

the petitioner's passport/reissue a fresh passport after extending

its validity.

4. A statement has been filed on behalf of respondents 1

and 2 wherein, it is stated that since the petitioner was holding

two valid passports at one point of time, as per the instructions of

the Ministry of External Affairs, the 1 st respondent has to initiate

discreet enquiry by the police authorities and to register FIR.

6. Heard the learned counsel for the petitioner and

Smt.S.Krishna, the learned CGC for the respondents.

Since, it is stated that Ext.P6 representation in reply to

Ext.P5 show cause notice is pending consideration before the 1 st

respondent, the 1st respondent shall hear the petitioner and pass

appropriate orders thereon within a period of one month from the

date of receipt of a copy of this judgment. The petitioner is free

to raise all legal and factual contentions before the said authority

and the 1st respondent will consider the same in accordance with

law.

Accordingly, the writ petition is disposed of with the above

direction. The petitioner shall produce a copy of the writ petition

with exhibits and a certified copy of the judgment before the 1 st

respondent.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

APPENDIX OF WP(C) 8484/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PASSPORT NUMBERED AS S873988 ISSUED ON 12.12.1994.

EXHIBIT P2 TRUE COPY OF THE PASSPORT NUMBERED AS A0195271 ISSUED ON 11.06.1996.

EXHIBIT P3 TRUE COPY OF THE RENEWED PASSPORT NUMBERED AS F2995328 ISSUED FROM RIYADH DATED 27.09.2006 EXPIRING ON 26.09.2016.

EXHIBIT P4 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT.

EXHIBIT P5 TRUE COPY OF THE SHOW- CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 24.03.2021.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 26.03.2021.

EXHIBIT P7 TRUE COPY OF THE PETITIONER'S NEW JOB OFFER.