Sangeeth Sasankamanidharan vs The Regional Passport Office
2023 Latest Caselaw 7789 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                         WP(C) NO.16778 OF 2023
PETITIONER:

             SANGEETH SASANKAMANIDHARAN, AGED 35 YEARS
             S/O. SASANKAMANIDHARAN LEKSHMANAN, PRA, TC 49/315,
             GEETHANJALI, KAMALESWARAM, MANACAUD P.O,
             THIRUVANANTHAPURAM, PIN - 695009
             BY ADVS.
             BIJU BALAKRISHNAN
             V.S.RAKHEE
             K.J.GISHA
             AJMAL P.


RESPONDENTS:

     1       THE REGIONAL PASSPORT OFFICE,
             THIRUVANANTHAPURAM- 695024, REPRESENTED BY THE
             REGIONAL PASSPORT OFFICER
     2       THE REGIONAL PASSPORT OFFICER,
             REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM- 695024
ADDL.3       STATE OF KERALA, REPRESENTED BY THE SECRETARY,
             HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN 695001.

*            [ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05.07.2023
             IN I.A.NO.2/2023
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.07.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.16778 of 2023                2




                                  JUDGMENT

The petitioner is the holder of Indian Passport

No.J3635244, which had expired on 20.12.2020.

According to the petitioner, since the Passport

expired during the period of Covid-19 pandemic, he

could not take steps to renew the same. However, when

the petitioner submitted Ext.P2 application for re-

issuance of Passport, the 2nd respondent/Regional

Passport Officer, vide Ext.P3 communication directed

the petitioner to clarify the circumstances for

registration of Crime No.1827/2021 of Fort Police

Station, Thiruvananthapuram against him.

2. The learned counsel for the petitioner submits

that though the Fort Police had registered the

aforesaid case, as per Ext.P6 order, the Additional

Session's Court-VII, Thiruvananthapuram granted

anticipatory bail to him. Since the 2nd respondent did

not take any steps to process the application of the

petitioner, the petitioner approached this Court for a

direction to the 2nd respondent to re-issue the

Passport within a time frame. A declaration was also

sought to the effect that pendency of Crime

No.1827/2021 of Fort Police Station,

Thiruvananthapuram will not preclude the petitioner

from getting valid Passport from respondents 1 & 2.

This Court, in Thadevoose Sebastian vs The Regional

Passport Officer and Another [2021 (5) KHC 625 : 2021

(5) KLT 531] has laid down the parameters that shall

govern issuance of Passport in respect of persons

involved in criminal cases. Paragraph 22 of the said

judgment reads 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."

3. The learned Government Pleader appearing for

the addl.3rd respondent submits on instructions that a

final report has already been filed on 11.06.2023 in

respect of Crime No.1827/2021.

4. The learned counsel for the petitioner submits

that the final report was not filed at the time when

the petitioner made Ext.P2 application for re-issuance

of Passport.

5. Since pending the application, the final

report has already been filed, in the light of the

dictum laid down in Thadevoose Sebastian [supra], the

petitioner will have to approach the Judicial First

Class Magistrate's Court-II, Thiruvananthapuram for

necessary permission to travel abroad. Once such an

application is made by the petitioner, the same shall

considered by that Court in accordance with the

parameters laid down by this Court in Thadevoose

Sebastian [supra].

6. Once permission is granted by the

Jurisdictional Magistrate, the 2nd respondent shall

process the application on the basis of such orders

without delay and at any rate within two weeks from

the date of receipt of the order from the

Jurisdictional Magistrate.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/25/07/2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF INDIAN PASSPORT NO.J3635244 OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PASSPORT APPLICATION FORM SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DT.31-03-

                      2023,   IN   THAT  REGARD,    BY THE 2ND
                      RESPONDENT TO THE PETITIONER.

EXHIBIT P4            TRUE COPY OF THE REPLY SUBMITTED BY THE

PETITIONER BEFORE THE 2ND RESPONDENT, THROUGH ONLINE ON 23-05-2023.

EXHIBIT P5 TRUE COPY OF F.I.R IN CRIME NO.1827/2021 OF FORT POLICE STATION.

EXHIBIT P6 TRUE COPY OF THE ORDER DT.17-11-2021 IN CRL.M.C NO.2503/2021 OF THE ADDITIONAL SESSIONS COURT - VII, THIRUVANANTHAPURAM.