Kerala High Court
Salini Panchami vs Union Of India on 27 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 22963 OF 2024
PETITIONER:
SALINI PANCHAMI,
AGED 41 YEARS, W/O.(LATE) SANTOSH KUMAR. G,
GANGA SADANAM, VALIYAPADOM, VILANTHARA P.O,
WEST KALLADA, KOLLAM DISTRICT, PIN - 690521.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF
EXTERNAL AFFAIRS, PATTIALA HOUSE ANNEX,
TILAK MARG, NEW DELHI, PIN - 110001.
2 CHIEF PASSPORT OFFICER & JOINT SECRETARY
(PSP),(APPELLATE AUTHORITY), PASSPORT
DIVISION, MINISTRY OF EXTERNAL AFFAIRS,
PATTIALA HOUSE ANNEX, TILAK MARG,
NEW DELHI, PIN - 110001.
3 JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO.2129, JAWAHARLAL NEHRU BHAVAN,
NEW DELHI, PIN - 110001.
4 REGIONAL PASSPORT OFFICER,
TRIVANDRUM, REGIONAL PASSPORT OFFICE,
SNSM BUILDING, KARALKADA JUNCTION,
PETTAH.P.O., TRIVANDRUM, PIN - 695024.
BY ADV.SRI.T.C.KRISHNA, SCGC
W.P.(C)No.22963 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22963 of 2024
:3:
JUDGMENT
Dated this the 27th day of June, 2024
The petitioner, an Indian Passport holder, is before this
Court seeking to direct the 2nd respondent to pass order on
Ext.P4 appeal or the 3rd respondent to pass orders on Ext.P5
representation after affording an opportunity of hearing to the
petitioner within a time frame.
2. The petitioner's Passport stands impounded under
Section 12 of the Passport Act, 1967 for travelling to Yemen in
violation of Ext.P2 notification dated 26.09.2017. The
petitioner would submit that the petitioner was not aware of the
the travel ban and therefore, no malafide can be attributed to
the petitioner. The petitioner has filed Ext.P5 representation to
the Joint Secretary (Gulf), Ministry of External Affairs,
Government of India.
3. I have heard the learned Counsel for the petitioner
and the learned Senior Panel Counsel representing the Union
of India.
4. The limited prayer of the petitioner is to direct the
Joint Secretary, Gulf to consider Ext.P5 representation. The
issue relates to impounding of the Passport of the petitioner,
affecting the fundamental right of the petitioner.
5. Therefore, in the circumstances, I am of the view
that the 3rd respondent shall consider Ext.P5 representation
expeditiously after giving an opportunity of hearing to the
petitioner.
The writ petition is therefore disposed of directing the 3 rd
respondent-Joint Secretary (Gulf) to consider Ext.P5
representation submitted by the petitioner and pass
appropriate orders thereon within a period of two months after
giving an opportunity of hearing to the petitioner in person or
online.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 22963/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE SEIZURE FORM DATED
14.09.2023 OF THE BUREAU OF
IMMIGRATION; COCHIN INTERNATIONAL
AIRPORT
Exhibit P2 A COPY OF THE NOTIFICATION OF THE
CENTRAL GOVERNMENT DATED 26.09.2017
Exhibit P3 TRUE COPY OF THE LETTER REF
NO.IMP/317498479/24 DATED 27.03.2024
WITH FILE NO.TV1064732658522 ALONG WITH
THE ORDER DATED 26.03.2024 OF THE
REGIONAL PASSPORT OFFICE, TRIVANDRUM
Exhibit P4 A COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 20.04.2024
Exhibit P5 A COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
20.04.2024
