Kerala High Court
Ambily S. Pillai vs The Regional Passport Officer on 29 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 29TH DAY OF FEBRUARY 2024/10TH PHALGUNA, 1945
WP(C) NO. 16421 OF 2023
PETITIONER:
AMBILY S. PILLAI,
AGED 44 YEARS, D/O. LALITHAMBIKA,
KRISHNA MANDIRAM HOUSE,
MALAMPARA KUNNAMTHANAM P.O,
KUNNAMTHANAM VILLAGE,MALLAPPALY TALUK,
PATHANAMTHITTA, PIN 689 581.
BY ADVS.
B.DIPU SACH DEEV
ARUN BABU
RAHUL S.R.
ANEESHRAJ R.
RESPONDENTS:
1 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
SNSM BUILDINGS, PETTA,
KARALKADA JN, P.O, KAITHAMUKKU,
THIRUVANANTHAPURAM,
KERALA,PIN - 695 024.
2 CHIEF PASSPORT OFFICER,
JOINT SECRETARY (PSP) AND CPO PSP DIVISION,
MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.27,
PATIALA HOUSE, TILAK MARG
NEW DELHI, PIN - 110 001.
3 INSPECTOR OF POLICE AND S.H.O,
KOIPURAM POLICE STATION, PULLAD,
THIRUVALLA,PATHANAMTHITTA.
PIN - 689 548.
W.P.(C) No.16421 of 2023
:2:
*4 ADDL.R4 VINOD KUMAR PILLAI
RESIDING AT ATTUPURATHUHOUSE,
THELLIYOOR.P.O, THELLIYOOR VILLAGE,
MALLAPPALLY TALUK,PATHANAMTHITTA. PIN-689 544.
[ADDL.R4 VINOD KUMAR PILLAI RESIDING AT
ATTUPURATHUHOUSE,THELLIYOOR.P.O, THELLIYOOR
VILLAGE,MALLAPPALLY TALUK,PATHANAMTHITTA.
PIN-689 544 IS IMPLEADED AS PER ORDER DATED
27.01.2024 IN I.A No.1/2023 IN W.P.(C)
No.16421/2023]
BY
S.MANU, DEPUTY SOLICITOR GENERAL OF
INDIA,FOR R1 AND R2
REKHA C. NAIR, SENIOR GOVERNMENT PLEADER,
FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.16421 of 2023
:3:
JUDGMENT
Dated this the 29th day of February, 2024
The petitioner, who is mother of Theertha Vinod
Pillai, has filed this writ petition seeking to set aside Ext.P6
order of the 1st respondent-Regional Passport Officer,
Thiruvananthapuram and to direct the Passport officer to
grant a new passport to the petitioner's daughter within the
prescribed time limit without insisting a physical copy of the
old passport of the petitioner's minor daughter.
2. The pleadings would indicate that the child
Theertha Vinod Pillai who is a minor, was issued with a
passport when the father of the child (the additional 4 th
respondent herein) submitted an application. As there were
complaints regarding the issuance of the passport, the
passport authorities required the additional 4th respondent to
surrender the passport. Accordingly, the passport is
surrendered and is in the custody of the passport authorities.
3. The passport was issued on 17.06.2022. The
Passport Officer has issued Ext.P6 reply to the petitioner,
when an application was made for re-issuance of passport.
The passport authorities stated that the officials can proceed
with re-issue process only after the physical cancellation of
the booklet. Since Passport Seva Project system does not
permit the office to skip any of the steps, it is mandatory that
the applicant must submit the previous passport in original.
4. The petitioner submits that the a valid passport is
already in the custody of the Passport Officer and therefore
the passport officer is not justified in requiring the petitioner
to submit the previous passport in original. Ext.P6 is liable to
be set aside on that ground and the Passport Officer is
compellable to re-issue the passport, contends the counsel
for the petitioner.
5. I have heard the learned Counsel appearing for
the petitioner, the learned Deputy Solicitor General of India
representing respondents 1 and 2 and the learned
Government Pleader representing the 3 rd respondent.
6. It is an admitted position that there is matrimonial
disputes between the petitioner and the additional 4 th
respondent. An application for custody of the child Theertha
Vinod Pillai is pending before the competent Family Court. In
such circumstances, the petitioner will have to obtain
appropriate orders from the Family Court, Thiruvalla, in order
to get the passport re-issued.
In view of the afore facts, the writ petition is
disposed of permitting the petitioner to obtain appropriate
orders from the competent Family Court, where custody
application is pending. On the petitioner obtaining such
orders and approaching the 1st respondent-Regional
Passport Officer, the 1st respondent shall take appropriate
steps in accordance with law.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 16421/2023
PETITIONER'S EXHIBITS
ExhibitP1 TURE COPY OF THE PASSPORT NUMBER
K5253654 P DATED 25.04.2012 BELONG TO
THE PETITIONER" S MINOR DAUGHTER
THEERTHA VINOD PILLAI.
Exhibit P2 TRUE COPY OF THE PETITION IN O.P(G&W)
NO.353 OF 2022 DATED 04.07.2022
PENDING BEFORE THE FAMILY COURT,
THIRUVALLA.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN O.P(FC)
NO.702 OF 2022 OF HON"BLE HIGH COURT
OF KERALA DATED 23.12.2022.
Exhibit P4 TRUE COPY OF THE SCREEN SHORT OF THE
E-COURT PROCEEDINGS IN O. P (G& W)
NO.353 OF 2022 AND I.A.NO 10 OF 2023
DATED 30.12.2022.
Exhibit P5 TRUE COPY OF THE SALARY LETTER
REGARDING THE INCOME AND EMPLOYMENT OF
THE PETITIONER DATED 31.03.2022.
Exhibit P6 THE COPY OF THE ORDER NO.
TV3074289920122 DATED 03.04.2023
ISSUED BY THE 1ST RESPONDENT PASSPORT
OFFICER.
Exhibit P7 THE COPY OF THE COMPLAINT DATED
10.04.2023 GIVEN TO THE 1ST
RESPONDENT.
Exhibit P8 TRUE COPY OF THE F.I.R AND F.I.S IN
KOIPURAM POLICE STATION CRIME NO.339
OF 2023 DATED 03.05 .2023 ON THE FILE
OF THE CHIEF JUDICIAL MAGISTRATE,
PATHANAMTHITTA.
Exhibit P9 THE COPY OF THE JUDGMENT IN W.P.(C)
NO.155 OF 2016 DATED 17,05.2016 OF THE
HON"BLE DELHI HIGH COURT I.
