Moncy Thomas vs The Regional Passport Officer
2024 Latest Caselaw 10938 Ker

Kerala High Court

Moncy Thomas vs The Regional Passport Officer on 12 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                    WP(C) NO. 15761 OF 2024
PETITIONER:

         MONCY THOMAS, AGED 52 YEARS
         S/O CHACKO THOMAS, MUKALUVILAYIL (H), VAYALA P.O,
         PARACKODE, PATHANAMTHITTA AND NOW RESIDING AT
         NELLIVILAYIL VEEDU, VADAKKEDATHUCAVU P.O,
         ADOOR, PATHANAMTHITTA, PIN - 691529

         BY ADVS.
         MANU RAMACHANDRAN
         M.KIRANLAL
         T.S.SARATH
         R.RAJESH (VARKALA)
         SAMEER M NAIR
         SAILAKSHMI MENON
         JOTHISHA K.A.
         SHIFANA M.
RESPONDENTS:

    1    THE REGIONAL PASSPORT OFFICER
         REGIONAL PASSPORT OFFICE, TRIVANDRUM,
         KARALKADA JUNCTION, PETTAH (P.O.),
         TRIVANDRUM, PIN - 695024
    2    THE STATION HOUSE OFFICER, ADOOR POLICE STATION,
         PATHANAMTHITTA DISTRICT, PIN - 691523
    3    THE DEPUTY SUPERINTENDENT OF POLICE
         ADOOR POLICE SUB-DIVISION,
         PATHANAMTHITTA DISTRICT, PIN - 691523

         SMT.REKHA C. NAIR, SENIOR GOVERNMENT PLEADER
         SRI.T.C. KRISHANA, CGC

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 12.04.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15761 of 2024
                                2




                         JUDGMENT

Dated this the 12th day of April, 2024

The petitioner's application for renewal of Passport was

not being entertained by the 1st respondent on the ground that

the Station House Officer, Adoor, informed that the petitioner

is involved in Crime No.2386/2019 under Sections 420 and 34

of the Indian Penal Code.

2. Counsel for the petitioner submits that the

petitioner has obtained information under the RTI Act, which

would indicate that the Final Report is not laid and the case

remains as indicted. Ext.P4 would show the same. If that be

so, there is no reason for not processing the application of the

petitioner for renewal of Passport.

The writ petition is therefore disposed of directing the

1st respondent-Regional Passport Officer, Trivandrum to

consider Ext.P5 explanation given by the petitioner in the light

of Ext.P4 communication of the Deputy Superintendent of

Police, Adoor and renew the Passport of the petitioner, if the

petitioner satisfies all other parameters.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 15761/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE INDIAN PASSPORT NO.L1217289 BELONGING TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE SHOW-CAUSE NOTICE VIDE REF: NO. OBJ/315484735/23 DATED 10.08.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE FIR IN CRIME NO.2386/2019 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT Exhibit P4 THE TRUE COPY OF THE RTI REPLY VIDE NO.36/RTI/ASD/2023 DATED 30.12.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P5 THE TRUE COPY OF THE REPLY DATED 20.03.2024 TO EXT.P2 SHOW-CAUSE NOTICE ALONG WITH PRINTOUT OF EMAIL DATED 20.03.2024 Exhibit P6 THE TRUE COPY OF THE OFFICE MEMORANDUM VIDE NO. VI/401/1/5/2019 DATED 10.10.2019 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA