Naaif Paliyath Moideen Kunju vs Regional Passport Officer, ...
2023 Latest Caselaw 8881 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                       WP(C) NO. 23417 OF 2023
PETITIONER:

          NAAIF PALIYATH MOIDEEN KUNJU,
          AGED 21 YEARS
          S/O. MOIDEEN KUNJU, PALIYATH HOUSE,
          KUNJUNNIKKARA, ULIYANNOOR P.O.,
          ALUVA, ERNAKULAM DISTRICT, PIN - 683108

          BY ADVS.
          M.A.AHAMMAD SAHEER
          E.A.HARIS
          MUHAMMED YASIL
          JACOB MATHEW



RESPONDENTS:

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

    *2    STATE OF KERALA
          REP BY STATION HOUSE OFFICER,
          ALUVA EAST POLICE STATION,
          ERNAKULAM DISTRICT,
          THROUGH PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031.
          [*ADDL. R2 IS IMPLEADED AS PER ORDER DATED 24-07-2023
          IN IA NO. 1 OF 2023 IN WP(C) 23417/2023]

          BY ADV SRI.S.MANU DSGI




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23417 OF 2023       :2 :




                       JUDGMENT

The petitioner submitted an application for passport

before the 1st respondent for pursuing higher studies

abroad. The limited prayer of the petitioner is for a

direction to the 1st respondent to issue passport, within a

time frame.

2. Heard the learned counsel for the petitioner and

the DSGI.

3. The learned counsel for the 1st respondent, on

instructions, submits that the delay in processing the

application for passport occurred due to an adverse

police verification report that five criminal cases are

pending against the petitioner.

4. The learned counsel for the petitioner submits

that the petitioner has been acquitted in all cases.

5. The learned counsel for the 1st respondent

submits that no details have been furnished in respect of

crime No.240/2023, which is reported as pending before

the Judicial First Class Magistrate Court-I, Aluva (JFCM-

1, Aluva) and the status of the case is shown as

'unknown'. It is further submitted that the 1 st respondent

is ready to issue passport to the petitioner, if he furnishes

NOC with regard to crime No.240/2023.

6. The petitioner has produced Ext.P11 letter issued

by the Assistant Public Information Officer, JFCM-1,

Aluva, wherein it is stated that no final report has been

laid in crime No.240/2023.

7. This Court, in Thadevoos Sebastian v. Regional

Passport Officer and Another [2021 (5) KHC 625],

held in paragraph 22 as follows:

"22. In view of the aforesaid, since the petitioner is unable to fully satisfy this Court, the stage of crime No. 1480 of 2012 of the Nedumbassery Police Station, this writ petition is ordered directing the

petitioner to approach the jurisdictional Magistrate and obtain appropriate orders if the final report has been filed and cognizance taken. On the other hand, if the final report has not been filed and cognizance not taken yet, there is no criminal proceeding pending and the Passport Authority is free to decide the grant of passport without permission from the Magistrate. To enable the passport authorities to process the application filed by the petitioner for grant of a fresh passport, petitioner is given the liberty to file his explanation to Ext. P7 within ten days from the date of receipt of a copy of this Judgment and thereafter the second respondent shall pass appropriate orders within an outer period of four weeks thereafter."

8. In the facts and circumstances of the cases and

taking into consideration the submissions made across

the Bar, there will be a direction to the 1st respondent to

consider the application of the petitioner for issuance of

passport, in accordance with the dictum laid down in

Thadevoos Sebastian's case (supra) and at any rate,

within a period of two weeks from the date of receipt of a

copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 27.01.2023 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P2 THE TRUE COPY OF THE REPLY DATED 16.03.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 27.03.2023 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P4 THE TRUE COPY OF THE REPLY DATED 24.04.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 21.12.2021 IN CC NO. 662/2021 ON THE FILES OF JFCM-II ERNAKULAM

Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 27.11.2021 IN CC NO.612 / 2021 ON THE FILES OF JFCM-I, ALUVA

Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 23.05.2023 IN CC NO.348 / 2023 ON THE FILES OF JFCM-I, ALUVA

Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 28.04.2023 IN ST NO.871 / 2022 ON THE FILES OF ACJM, ERNAKULAM

Exhibit P9 THE TRUE COPY OF THE REPRESENTATION DATED 22.06.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

Exhibit P10 TRUE COPY OF THE FIR DATED 07.03.2023 IN CRIME NO. 240/2023 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT

Exhibit P11 THE TRUE COPY OF THE REPLY ISSUED BY THE ASST.

PUBLIC INFORMATION OFFICER, JFCM-I, ALUVA TO THE PETITIONER