Tressa Joseph vs Regional Passport Officer
2022 Latest Caselaw 3267 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 20067 OF 2021
PETITIONER/S:


    1     TRESSA JOSEPH, AGED 39 YEARS
          D/O. K.K. JOSEPH, RESIDING AT KIZHAKKEMOLYIL HOUSE,
          KAKKOOR P.O., THIRUMARADY, ERNAKULAM PIN 686 662

    2     NOAH MATTHEW (MINOR), AGED 7 YEARS
          REP.BY HIS MOTHER AND NATURAL GUARDIAN TRESSA JOSEPH,
          KIZHAKKEMOLYIL HOUSE, KAKKOOR P.O.,
          THIRUMARADY, ERNAKULAM PIN 686 662

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


RESPONDENT/S:


    1     REGIONAL PASSPORT OFFICER
          REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
          NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI,
          KERALA, PIN 682 036

    2     PASSPORT SEVA KENDRA
          ASSISTANT PASSPORT OFFICER,
          GROUND FLOOR, HEERA ROYALE,
          SEARPORT-AIRPORT RD, KARINGACHIRA, KOCHI, KERALA,

    3     THE UNION OF INDIA
          REP.BY SECRETARY TO THE GOVERNMENT,
          MINISTRY OF EXTERNAL AFFAIRS,
          NEW DELHI PIN 110 001

    4     MATHEWS THAZHATH PRASAD, AGED 40 YEARS
          S/O.THAZHATH MATHEW PRASAD, NO.29, 3RD CROSS ANNAI
          THERESSA NAGAR, MULAKKULAM REDYAPALAYAM P.O.,
          PONDICHERRY STATE, PIN 605 010
 WP(C) NO. 20067 OF 2021       ..2..

        BY ADVS.
        SHRI.P.VIJAYAKUMAR, ASG OF INDIA
        SMT.S.KRISHNA, CGSC
        MANU S., ASG OF INDIA



     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 18.03.2022, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 20067 OF 2021          ..3..

                        JUDGMENT

The 1st petitioners is the mother of the 2 nd petitioner

and the 4th respondent is the father of the 2nd petitioner.

The 2nd petitioner who is a minor is the holder of an

Indian passport bearing No. P2698735, which was valid

up to 20.07.2021. The 1st petitioner submitted Ext.P6

online application for re-issuance of passport of the 2 nd

petitioner. According to the petitioners, the 1 st

respondent is not processing the application of the

petitioners on the ground that the petitioners have not

produced Annexure-D. The petitioners contend that the

relationship between the 1st petitioner and the 4th

respondent is strained and there is no chance that the 4 th

respondent would give consent in Annexure-D.

Therefore, the petitioners pray for a direction to the 1 st

respondent to consider Ext.P6 application by receiving

Annexure-C.

2. Though notice was issued to the 4th respondent,

notice could not be served so far. Therefore, the WP(C) NO. 20067 OF 2021 ..4..

petitioners limit their prayer for consideration of Ext.P6

in the light of Ext.P3, along with Annexure-C application

within a time frame.

3. Heard the learned Counsel for the petitioners

and Smt.Krishna, learned CGSC for the respondents 1 to

3.

4. In the nature of the limited relief sought for and

the direction, I propose to issue notice to the 4 th

respondent is dispensed with.

5. There will be a direction to the 1st respondent to

consider Ext.P6 application of the petitioner, in

accordance with law, within a period of one month from

the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above

directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/18/03/2022 WP(C) NO. 20067 OF 2021 ..5..

APPENDIX OF WP(C) 20067/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER ISSUED FROM CONSULATE GENERAL OF INDIA, BIRMINGHAM DATED 18.3.2014

Exhibit P2 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE FAMILY COURT AT MUVATTUPZHA IN OP NO.510/2015 DATED 24.11.2017

Exhibit P3 TRUE COPY OF THE ORDER SHEET PROCEEDINGS FROM 5.10.2016 TO 18.12.2018 IN G & W.C.283/2016 ON THE FILES OF HON'BLE PRINCIPAL FAMILY COURT AT BENGALURU

Exhibit P4 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT FILED IN G & W.C.283/2016 BEFORE THE HON'BLE IV ADDITIONAL PRINCIPAL FAMILY COURT AT BENGALURU DATED 11.12.2018

Exhibit P5 TRUE COPY OF THE PASSPORT OF THE 2ND PETITIONER NUMBERED AS P2698735 ISSUED FROM BIRMINGHAM VALID TILL 20.7.2021

Exhibit P6 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PASSPORT OF THE 2ND PETITIONER SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENTS DATED 8.9.2021

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.39323/2015 DATED 31.3.2016