Kerala High Court
Rajesh Babu vs The Regional Passport Officer on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 11914 OF 2024
PETITIONER
RAJESH BABU
AGED 45 YEARS
S/O RAJENDRA BABU NARAYANAN,
KALLINGAL HOUSE,
MEENADU, CHATHANNOOR P.O.,
KOLLAM., PIN - 691572
BY ADV M.R.SASITH
RESPONDENTS:
1 THE REGIONAL PASSPORT OFFICER
THE REGIONAL PASSPORT OFFICE,
TRIVANDRUM SNSM BUILDING,
KARALKADA JUNCTION, PETTAH P.O.,
THIRUVANANTHAPURAM., PIN - 695024
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
VIDYA NAGAR, KOLLAM.,
PIN - 691013
3 STATION HOUSE OFFICER
VARKALA POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695141
BY ADV K.S.PRENJITH KUMAR
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.11914 Of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024
The petitioner has applied for issuance of a fresh
Passport. The Passport has not been issued on the ground
that criminal cases are pending against the petitioner.
2. Ext.P1 communication of the Regional Passport
Officer, Trivandrum would show that as per the police
verification report received, the police authorities have
reported that the applicant is an accused in Crime
No.168/2012 under Sections 20 and 21 of the Kerala
Protection of River Banks and Regulation of Removal of
Sand Act and in Crime No.214/2012 under Sections 20 and
21 of the Kerala Protection of River Banks and Regulation of
Removal of Sand Act of Paravoor Police Station.
3. Counsel for the petitioner submitted that no
charge sheet has been filed against the petitioner in respect
WP(C) No.11914 Of 2024
of the afore crimes and therefore there is no reason for the
Regional Passport Officer not to issue Passport.
4. Government Pleader entered appearance on
behalf of respondents 2 and 3 and resisted the writ petition.
The Government Pleader pointed out that already these
crimes are pending before the Sub Divisional Magistrate's
Court, Kollam on the basis of report submitted by the Police
on 16.02.2012 and 21.02.2012.
5. I have heard the learned counsel for the
petitioner, the learned Senior Panel Counsel, Government of
India representing the 1st respondent and the learned
Government Pleader representing respondents 2 and 3.
6. It is an admitted position that final report in the
matter has not been submitted before the Jurisdictional
Criminal Court. In fact, a formal complaint has also not been
lodged by the competent authority in respect of the crimes
allegedly committed by the petitioner.
WP(C) No.11914 Of 2024
7. In view of the above and in view of the judgment
of this Court Muhammed v. Union of India and others
[2018 (4) KHC 945], the Regional Passport Officer is legally
bound to process the application.
In the facts of the case, the writ petition is disposed of
directing the 1st respondent-Regional Passport Officer to
process the Passport application submitted by the petitioner,
without regard to the crimes mentioned in Ext.P1 and issue
Passport to the petitioner, if the petitioner satisfies all other
parameters.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.11914 Of 2024
APPENDIX OF WP(C) 11914/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE
OBJECTION/COMMUNICATION ISSUED BY THE
1ST RESPONDENT DATED 13.12.2023
Exhibit P2 THE INTIMATION GIVEN BY THE 3RD
RESPONDENT DATED NIL
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED NIL SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P4 THE TRUE COPY OF THE REPLY DATED NIL
ISSUED BY THE 2ND RESPONDENT
Exhibit P5 THE TRUE COPY OF THE REPLY SENT BY THE
PUBLIC INFORMATION OFFICER OF 2ND
RESPONDENT'S OFFICE
