Kerala High Court
George Netto vs The Regional Passport Officer on 21 December, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
WP(C) NO.34581 OF 2023
PETITIONER:
GEORGE NETTO, AGED 50 YEARS, S/O.STEPHEN NETTO,
PANIKKASSERIL KIZHAKKATHIL, ERUVA EAST, ERUVA P.O.,
KAYAMKULAM, ALAPPUZHA, PIN - 690572
BY ADVS.
T.S.HARIKUMAR
P.B.SAHASRANAMAN
RESPONDENT:
THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O.,
COCHIN, PIN - 682036
BY ADV.MANU S., DSG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.34581 of 2023 2
JUDGMENT
Petitioner is the holder of passport bearing
No.Y8838346. He is presently employed in Dubai.
The petitioner was issued with Ext.P1 notice to
show-cause as to why he has suppressed material
information in the application for passport. The
respondent has relied on adverse police
verification report, wherein it is stated that the
petitioner is involved in a case, which is
presently pending before the Judicial First Class
Magistrate Court-I, Kayamkulam as C.C.No.894 of
2003. The petitioner submitted Ext.P3 reply to the
show-cause notice. The petitioner has approached
this Court for a direction to quash Ext.P1 and to
direct the respondent to finalise the proceedings
pursuant to Ext.P1.
2. During pendency of this writ petition,
along with I.A.No.2 of 2023, the petitioner has
produced Ext.P4 order dated 04.11.2023 of the
JFCM-I, Kayamkulam in C.C.No.894 of 2003, whereby
he has been granted permission to go abroad. The
learned counsel for the petitioner submits that
since the petitioner has already obtained
permission to go abroad, the proceedings pursuant
to Ext.P1 may be finalised taking note of Ext.P4
order.
3. Heard the learned counsel for the
petitioner and the learned Deputy Solicitor
General of India appearing for the respondent.
4. In the facts and circumstances of the case,
there will be a direction to the respondent to
finalise the proceedings pursuant to Ext.P1 after
considering Ext.P3 explanation submitted by the
petitioner and Ext.P4 order of the jurisdictional
Criminal Court. This shall be done as
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of a
certified copy of this judgment. Till such time,
there shall not be any coercive steps as against
the petitioner pursuant to Ext.P1.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/22/12/2023
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF THE NOTICE
ISSUED TO THE PETITIONER BY THE
RESPONDENT, DATED 21-09-2023
EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE FINAL
REPORT IN CRIME NO.476 OF 2003 OF THE
KAYAMKULAM POLICE STATION
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE REPLY
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT DATED 30TH SEPTEMBER, 2023.
EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE
CERTIFIED COPY OF THE ORDER IN CMP
NO.3089 OF 2023 IN CC NO.894 OF 2003 OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, KAYAMKULAM DATED 04-11-2023
EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE
CERTIFIED COPY OF THE AFFIDAVIT FILED
BY THE PETITIONER BEFORE THE JFCM
COURT, KAYAMKULAM DATED 15-11-2023
