Bijoy vs The Passport Officere
2023 Latest Caselaw 1673 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
       FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944

                      WP(C) NO. 2701 OF 2023

  PETITIONER:

        BIJOY
        AGED 32 YEARS
        S/O BABYU, PALLATH .HOUSE,
        KAIPAMANGALAM VILLEGE AND
        DESOM, KODUNGALLUR TALUK,
        THRISSUR - 680681

        BY ADV T.N.MANOJ


  RESPONDENTS:

   1    THE PASSPORT OFFICER,
        O/O REGIONAL PASSPORT OFFICE,
        NEAR IDBI CORPORATE BRANCH,
        SHIHAB THANGAL ROAD,
        PANAMPALLY NAGAR, KOCHI,
        KERALA., PIN - 682036

   2    MINISTRY OF EXTERNAL AFFAIRS,
        ROOM NO.20, PATIALA HOUSE
        ANNEX, TILAK MARG, NEW DELHI,
        REPRESENTED BY SECRETARY.,
        PIN - 110001.

        BY ADV S.MANU DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2701 of 2023
                                         2




                               JUDGMENT

Being aggrieved by the action of the 1st respondent in limiting the

renewal of the passport of the petitioner for a period of 1 year, the

petitioner has approached this court with this writ petition.

2. Short facts are as under

The petitioner is the holder of an Indian passport bearing No.

K-5099735, which expired on 21.10.2022. While so, the petitioner got

involved in a crime, the trial of which is pending consideration of the Gram

Nyayalaya, Mathilakam. Ext. P2 application was submitted before Gram

Nyayalaya for the grant of NOC for the renewal of his passport for a period

of three years. The said application was allowed as prayed for by Ext.P4

order. The application for renewal was taken up by the 1st respondent, and

ignoring the fact that the Gram Nyayalaya had allowed the application as

prayed for, granted renewal only for a period of one year. Since the period

of validity of the passport has been limited to one year, the prospective

employer has refused to issue the VISA. It is in the afore circumstances that

the petitioner is before this court seeking the following reliefs: W.P.(C) No.2701 of 2023

A. Appropriate writ Order or direction to declare that Exhibit P3 Order passed by the Nyayadhikari in CMP 665/2022 in ST 198/2019 mandates renewal of passport for a period of not less than 3 years and the 1st respondent is bound to renew the passport of the petitioner for a period not less than 3 years from the date of its expiry.

B. Appropriate writ Order or direction to the 1st respondent to renew the passport of the petitioner for a period not less than 3 years from the date of its expiry.

3. I have heard Sri. T N Manoj, the learned counsel appearing for

the petitioner, and the learned DSGI who appeared for the respondents.

I have considered the submissions and the materials on record.

4. I find from Ext.P2 application that the request made by the

petitioner was for a grant of NOC to secure a passport having a validity of

three years. From Ext.P3 order, it is evident that the learned Nyayadhikari

has allowed the application as prayed for. However, it appears that this

aspect of the matter was not considered by the 1st respondent while

considering the application for renewal.

In that view of the matter, there will be a direction to the 1st

respondent to reconsider the application for renewal and pass appropriate W.P.(C) No.2701 of 2023

orders, strictly in accordance with the law and procedure, within two weeks

from the date of production of a copy of this judgment. The petitioner shall

produce a copy of the application which resulted in the passing of Ext.P3

order before the 1st respondent.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

ams W.P.(C) No.2701 of 2023

APPENDIX OF WP(C) 2701/2023

PETITIONER'S EXHIBITS

Exhibit.P1 THE TRUE COPY OF THE PETITION DATED 27/10/2022 NUMBERED CMP 665/2022 FILED BEFORE THE GRAMA NYAYALA MATHILAKAM ERIDAYAD, KODUNGALLUR TALUK.

Exhibit.P2 THE TRUE COPY OF THE PETITION DATED NIL FILED BY THE PETITIONERUNDER SECTION 22 (A) AND UNDER SECTION 6 (2) OF THE PASSPORT ACT 1967,BEFORE THE GRAM A NYAYALA MATHILAKAM ERIDAYAD , KODUNGALLUR TALUK.

Exhibit.P3 THE TRUE COPY OF THE ORDER DATED 28/10/2022 OFBEFORE THE GRAM NYAYALA MATHILAKAM ERIDAYAD , KODUNGALLUR TALUK.

Exhibit.P4 THE TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER EVIDENCING THE RENEWAL OF THE PASSPORT FOR A PERIOD OF ONE YEAR FROM 13/01/2023 , TILL 12/01/2024.