Rajan V T vs State Of Kerala
2023 Latest Caselaw 3134 Ker

Citation : 2023 Latest Caselaw 3134 Ker
Judgement Date : 23 March, 2023

Kerala High Court

Rajan V T vs State Of Kerala on 23 March, 2023

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945

                    WP(C) NO. 4753 OF 2023

PETITIONER/S:

           RAJAN V T,
           AGED 50 YEARS
           VALAVIL HOUSE VARAPPETTY KARA,
           VARAPPETTY VILLAGE KOTHAMANGALAM TALUK -686691
           NOW RESIDING AT THE RENTAL HOUSE OF AUGUSTIN,
           THANKALAMKARA THRIKKARIYOOR VILLAGE,
           ERNAKULAM DISTRICT, PIN - 686692

           BY ADV IEANS.C.CHAMAKKALA

RESPONDENT/S:

    1      STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031

    2      THE REGIONAL PASSPORT OFFICER,
           PASSPORT OFFICE, KARINGACHIRA,
           ERNAKULAM DISTRICT., PIN - 682301

    3      STATION HOUSE OFFICER,
           VADEKKAD POLICE STATION THRISSUR,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031

    4      STATION HOUSE OFFICER,
           KOTHAMANGALAM POLICE STATION,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031

           SRI MANU S, DSGI
           SMT AMMINIKUTTY SR. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4753 OF 2023

                                       2



                                 JUDGMENT

The petitioner herein is the holder of Indian Passport bearing No.

W8825165. He states that he is a Driver by profession and has been working

in the United Arab Emirates from 2016 onwards. When the validity of the

passport issued to the petitioner expired on 02.04.2021, he filed an application

before the respondents for renewal. According to the petitioner, he is an

accused in C.C. No. 1186/2017 on the file of the Judicial First Class Magistrate

Court-I, Kothamangalam, and C.C. No. 2619/2018 on the file of the Judicial

First Class Magistrate Court, Kunnamkulam. He approached the respective

Magistrates and sought for issuance of directions to the Passport Authorities to

renew the passport in order to enable the petitioner to go abroad. The learned

Judicial First Class Magistrate, Kunnamkulam, by Ext. P4 order has permitted

the petitioner to get the passport renewed for a period of two years from the

date of the order. However, the learned Judicial First Class Magistrate-I,

Kothamangalam, has observed in Exhibit P3 order that the Court has no

objection in renewing the passport in favour of the petitioner subject to the

conditions laid down in Notification No. GSR 570(E) dated 25.08.1993. The

learned Magistrate, Kothamangalam, has not fixed the timeframe for the

petitioner to go abroad. Based on Exts. P3 and P4 orders issued by the learned

Magistrates, the request made by the petitioner was considered, and as is WP(C) NO. 4753 OF 2023

evident from Exhibit P2 passport details, the passport has been issued with an

expiry date of 19.12.2023. It is in the afore circumstances that this writ

petition is filed seeking direction to the 2nd respondent to renew the passport

for a period of three years from the date of renewal.

2. On instructions, it is submitted by the learned DSGI that the

learned Judicial First Class Magistrate, Kothamangalam, has not fixed a time

frame while issuing Ext. P3 order granting permission to the petitioner to seek

renewal of the passport.

3. I have considered the submissions advanced. Notification No.

GSR 570(E) dated 25.08.1993 is the relevant notification concerning the

issuance of passports to applicants in whose names criminal proceedings are

pending and whose applications attract the provisions of Clause (f) of

subsection (2) of Section 6 of the Passports Act, 1967. The relevant portion of

the said notification reads as under:

(a) the passport to be issued to every such citizen shall be issued-

(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less WP(C) NO. 4753 OF 2023

than one year, but does not specify the period validity of the passport, the passport shall be issued for one year;

(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in terms of (a) (ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified;

(c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.

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4. As rightly pointed out by the learned DSGI, while issuing Ext. P3,

the learned Magistrate has not specified the period for which permission has

been granted to travel abroad. It was in the said circumstances that the

passport authorities issued the passport, which is valid for a period of one

year. The grievance of the petitioner is that he would not be able to secure a

VISA for such a short-validity passport. The grievance of the petitioner appears

to be genuine. In that view of the matter, necessary directions can be issued.

WP(C) NO. 4753 OF 2023

Resultantly, this writ petition is ordered as under:

a) The petitioner shall approach the JFCM-I, Kothamangalam, and

file a fresh application seeking permission to travel abroad.

b) If the learned Magistrate, after considering the facts, permits the

petitioner to travel abroad for an ascertained period to enable the petitioner to

secure a VISA, the said order shall be placed before the Passport Officer

concerned.

c) The Officer shall consider the request in the light of the order

passed by the learned Magistrate and re-issue the passport with a fresh

validity period as ordered by the learned Magistrate.

Sd/-