Kerala High Court
Mansoor Valacandathil Muhammed vs The Attache (Consular) on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13143 OF 2023
PETITIONER:
MANSOOR VALACANDATHIL MUHAMMED,
AGED 35 YEARS,
S/O. MUHAMMED, VALACANDATHIL HOUSE, KALLURUTTY POST,
THIRUVAMBADY, KOZHIKODE DISTRICT, KERALA - 673603
REPRESENTED BY POWER OF ATTORNEY HOLDER MR. ANSAR,
AGED 32, S/O. MUHAMMED, VALACANDATHIL HOUSE,
KALLURUTTY POST, THIRUVAMBADY, KOZHIKODE DISTRICT,
KERALA - 673603.
BY ADVS.
E.C.AHAMED FAZIL
K.P.SUFIYAN
RESPONDENTS:
1 THE ATTACHE (CONSULAR)
THE EMBASSY OF INDIA, MUSCAT, DIPLOMATIC AREA,
JAMIAT UL DAWA STREET, AL KHUWAIR, MUSCAT,
SULTANATE OF OMAN - 000112.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME
AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
3 THE STATION HOUSE OFFICER,
VELLAMUNDA, VELLAMUNDA POLICE STATION, VELLAMUNDA,
WAYANAD DISTRICT, PIN - 670731.
SRI.S MANU, DSGI
SMT.AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 13143 of 2023 2
JUDGMENT
The petitioner is an Indian Citizen and is the holder of Passport
No.Z2365182. He contends that he is the accused in two crimes registered
at the Vellamunda Police Station. According to the petitioner, he is presently
employed in Oman. As the validity of the passport is due to expire, he filed
an application for renewal of the same. However, his request was rejected
on the premise that he had suppressed the pendency of the crimes. He was
also directed to obtain a No Objection Certificate from the concerned court.
It is challenging the said order that the petitioner has approached this Court
seeking to quash Ext.P3 and also for issuance of directions to the 1st
respondent to renew/re-issue the passport of the petitioner for a period of
ten years.
2. Heard the learned counsel appearing for the petitioner.
3. In the writ petition, the petitioner has disclosed the pendency of
two cases in which he is involved and pending before the Criminal Courts.
However, in the power of attorney produced before this Court authorizing
Sri.Ansar to file this writ petition, the petitioner has disclosed that he is the
accused in as many as 7 cases pending before the various Magistrate Courts
in the State. Under Section 6 (2) (f) of the Passports Act, 1967, the Passport
Authority is entitled to refuse to endorse a visit to any foreign country, if
proceeding in respect of an offense alleged to have been committed by the
applicant is pending before a criminal court in India. Admittedly the
Magistrate Courts have taken cognizance in the cases. In view of the
pendency of the cases, the petitioner is required to obtain a No Objection
Certificate from the Court concerned. The petitioner has approached this
Court without carrying out such an exercise. It is for the petitioner to
approach the concerned court and obtain a No Objection Certificate, and
only thereafter he can move an application for re-issuance/renewal of the
passport. In that view of the matter, the challenge raised by the petitioner
against Ext. P3 is repelled.
This writ petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sru
APPENDIX OF WP(C) 13143/2023
PETITIONER'S EXHIBITS
Exhibit1 P1 TRUE COPY OF THE FINAL REPORT DATED
27.02.2017 IN CRIME NO.367 OF 2015 OF
VELLAMUNDA POLICE STATION.
Exhibit P2 TRUE COPY OF THE FINAL REPORT DATED
27.02.2017 IN CRIME NO. 365 OF 2015 OF
VELLAMUNDA POLICE STATION.
Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.
MUS/CONS/401/1/2021 DATED 25.07.2022 ISSUED
BY THE ATTACHE (CONSULAR), EMBASSY OF INDIA,
MUSCAT.
RESPONDENTS EXHIBITS : NIL
