Juby Thomas vs Regional Passport Officer
2023 Latest Caselaw 9482 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                      WP(C) NO.28194 OF 2023
PETITIONER:

            JUBY THOMAS, AGED 39 YEARS
            S/O.THOMAS, VETTIKATTIL (H), CHELAKKATTUKARA,
            JUBILEE MISSION P.O, THRISSUR, PIN - 680005

            BY ADV.N.K.MOHANLAL


RESPONDENT:

            REGIONAL PASSPORT OFFICER
            PASSPORT OFFICE, KOCHI,
            PIN - 682035

            BY SRI.S.MANU, DSGI


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   05.09.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.28194 of 2023             2




                               JUDGMENT

Petitioner is the holder of an Indian Passport

bearing No.X9056025 issued on 26.04.2023. By

Ext.P6, it is informed that the respondent has

decided to impound the Passport of the petitioner,

since he has obtained the same by suppression/

wrong information.

2. The learned counsel for the petitioner

submits that the petitioner is an accused in

C.C.No.1238 of 2023 of the Judicial First Class

Magistrate Court, Kothamangalam [for brevity,

'J.F.C.M.', Kothamangalam] and he lost sight of

the case when he applied for Passport in April,

2023 and the non-disclosure of the said fact is

not willful. The learned counsel further submits

that the petitioner has to return to Gulf

countries at the earliest in connection with his

business. Accordingly, the petitioner has filed

this writ petition to quash Ext.P6 and for a

direction to consider Ext.P3 reply submitted by

him.

3. Heard the learned counsel on both sides.

4. The learned Deputy Solicitor General of

India, on instructions, submits that Ext.P6 notice

for impounding of Passport was issued since there

is suppression of the pendency of a criminal case

against the petitioner and that it is for the

jurisdictional Criminal Court to grant him No

Objection Certificate to travel abroad.

5. Since it is submitted that C.C.No.1238 of

2023, in which the petitioner is an accused, is

pending before the J.F.C.M, Kothamangalam, it is

for the petitioner to approach the said Court and

obtain necessary permission to travel abroad. In

case the petitioner approaches the jurisdictional

Magistrate's Court, the said Court shall consider

the application of the petitioner seeking

permission to travel abroad in the light of the

judgment of this Court in Thadevoose Sebastian v.

Regional Passport Office & Another [2021 (5) KLT

531] expeditiously.

With the above observation, this writ petition

is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/05/09/2023

APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 COPY OF RELEVANT PAGES 1 AND 2 OF PASSPORT OF PETITIONER

EXHIBIT P2 COPY OF NOTICE DATED 17/07/23 ISSUED BY RESPONDENT TO PETITIONER

EXHIBIT P3 COPY OF REPLY DATED 03/08/23 ISSUED BY PETITIONER

EXHIBIT P4 COPY OF POSTAL RECEIPT DATED 4/8/2023

EXHIBIT P5 COPY OF NOTICE ISSUED BY RESPONDENT DATED 16/08/23

EXHIBIT P6 COPY OF ORDER IMPOUNDING PASSPORT DATED 16/08/23

EXHIBIT P7 COPY OF CHARGE SHEET IN CC 1238/2023 OF JFCM COURT, KOTHAMANGALAM

EXHIBIT P8 COPY OF THE REMAINDER LETTER DATED 19/08/23 ISSUED BY HIS FACILITATOR OF CONTRACT OF STEEL COMPANY BAGHLAF FROM GULF COUNTRY FOR ARRANGING LETTER OF CREDIT