Bibitha Bhasi Rep. By Poa Holder ... vs Union Of India, Represented By The ...
2023 Latest Caselaw 1521 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
          Friday, the 20th day of January 2023 / 30th Pousha, 1944
                          WP(C) NO. 2018 OF 2023(B)
PETITIONER:

     BIBITHA BHASI, AGED 37 YEARS, W/O RAJESH APPUKUTTAN, RESIDING AT
     VADAKKETHADATHIL, MANNACKANAD, KOTTAYAM- 686633, REP. BY POWER OF
     ATTONERY HOLDER BHANU BHASI, AGED 68 YEARS, S/O LATE
     BHASI, VADAKKETHADATHIL, MANNACKANAD, KOTTAYAM, PIN - 686 633,
     KERALA.

RESPONDENTS:

  1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
     OF EXTERNAL AFFAIRS,SOUTH BLOCK, SECRETARIAT, NEW DELHI, PIN - 110
     001.
  2. THE PASSPORT OFFICER, PASSPORT SEVA KENDRA, GROUND FLOOR, CARMEL
     TOWERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695 001.
  3. RAJESH APPUKUTTAN, AGED 42 YEARS,S/O APPUKUTTAN SIVARAMAN, RESIDING
     AT M.P - IV-167-C, MEHFIL HOUSE, PAZHAYA ROAD, MALAYINKEEZHU P.O.,
     THIRUVANANTHUPURAM, PIN - 695 571.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to reissue the passport of the minor child Mithila Raj R
immediately, pending disposal of the writ petition.




     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.K.T.THOMAS & MATHEW BOB KURIAN, Advocates for the petitioner and of
SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA for R1 & R2, the court
passed the following:
                         AMIT RAWAL, J.
                =================
                  W.P.(C).No.2018 of 2023
             =====================
           Dated this the 20th day of January, 2023

                          ORDER

This is a case of harassment at the instance of the

Passport Officer in not processing the application of the minor

child namely Mithila Raj for issuance of passport by raising an

objection that the father has raised objections. This Court has

already passed slew of directions in the judgment in

W.P(C).5284 of 2022 dated 24.2.2022. Thereafter the

applications were being processed, but, now after a gap of a

number of months again this controversy cropped up.

2. Issue notice before admission. Sri.S.Manu, DSGI,

accepts notice on behalf of respondents 1 and 2.

3. Learned counsel appearing on behalf of the DSGI has

undertaken that the department will overrule the objection of

the father in view of the judgment of this Court and process

the application for issuance of a passport in favour of Mithila

Raj, failing which, this Court may be constrained to pass

stringent order against the erring officer.

W.P.C.No.2018 of 2023

4. In order to see the bonafide, post this matter on

24.01.2023.

H/o.

Sd/-

AMIT RAWAL, JUDGE naksa

20-01-2023 /True Copy/ Assistant Registrar