Kerala High Court
Eldo Varghese Kanjirathukudy vs Union Of India on 11 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 4395 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 4395 OF 2024
PETITIONER:
ELDO VARGHESE KANJIRATHUKUDY,
AGED 54 YEARS
S/O.KANJIRATHUKUDY ALIAS GEEVARGHESE,
KANJIRATHUKUDY HOUSE, AIRAPURAM P.O., ERNAKULAM,
PIN - 683541
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, COCHIN,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR.P.O,
ERNAKULAM, KOCHI, PIN - 682036
WP(C) NO. 4395 OF 2024
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5 DIRECTOR (GULF),
MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.2129,
JAWAHARLAL NEHRU BHAVAN, NEW DELHI, PIN - 110001
BY ADVS.
ACHUTH KRISHNAN R., CGC
SHRI.T.C.KRISHNA, SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The present Writ Petition has been filed for the following
prayers:
"i) To issue a writ of certiorari or any other appropriate
writ quashing Ext.P10 order;
ii) To issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 3rd respondent to
reconsider and pass orders on Exhibit.P8 representation
after affording an opportunity of hearing to the
petitioner, within a time frame fixed by this Honourable
Court;
iii) To issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 2nd respondent to
consider and pass orders on Exhibit.P7 appeal after
affording an opportunity of hearing to the petitioner,
within a time frame fixed by this Honourable Court;
iv) To issue a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents to
release the passport of the petitioner; v) And to pass
such other appropriate orders or directions as this
Hon'ble Court deems fit and proper in the facts and
circumstances of the case.
vi) To dispense with the translation of the documents
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produced in the vernacular language."
2. The petitioner has moved a representation in
Ext.P8 to lift the travel embargo of the petitioner and the said
representation is pending for consideration before the 3 rd
respondent, Joint Secretary to Gulf, Ministry of External Affairs,
Jawahar Nehru, New Delhi.
Considering the fact that the representation of the
petitioner against the travel embargo is pending consideration
before the respondent, the present writ petition is disposed of with
direction to the 3rd respondent to consider and pass necessary
orders, in accordance with law on Ext.P5 representation of the
petitioner for lifting the travel embargo, expeditiously, preferably
within a period of one month from the date of receipt of a copy of
this judgment.
Sd/-DINESH KUMAR SINGH
JUDGE
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WP(C) NO. 4395 OF 2024
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APPENDIX OF WP(C) 4395/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE NOTIFICATION OF THE CENTRAL
GOVERNMENT DATED 26.09.2017
Exhibit P2 A COPY OF THE LETTER DATED 12.09.2022
WITH REF. NO.SCN/313299419/22 AND FILE
NO.CO3074547739522
Exhibit P3 A COPY OF THE SURRENDER CERTIFICATE WITH
FILE NO.CO3077374784713 ISSUED FROM
REGIONAL PASSPORT OFFICE, COCHIN
Exhibit P4 A COPY OF THE LETTER DATED 10.01.2023
WITH REF. NO.SCN/314071725/23 AND FILE
NO.CO3077374784713 FROM REGIONAL PASSPORT
OFFICE, COCHIN
Exhibit P5 A COPY OF THE ORDER DATED 13.02.2023
ALONG WITH THE LETTER DATED 13.02.2023
WITH REF NO.IMP/314263927/23 AND FILE
NO.CO3077374784713 BY THE REGIONAL
PASSPORT OFFICE, COCHIN
Exhibit P6 A COPY OF THE LETTER DATED 20.04.2023
WITH FILE NO.CO3074547739522 AND LETTER
REF NO.FCI/314656427/23 ISSUED TO THE
PETITIONER BY THE REGIONAL PASSPORT
OFFICE
Exhibit P7 A COPY OF THE APPEAL FILED BEFORE THE 2ND
AND 3RD RESPONDENT DATED 05.09.2023
Exhibit P8 A COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
30.09.2023
Exhibit P9 A COPY OF JUDGMENT IN WPC NO.33804/2023
DATED 13.10.2023 OF THIS HON'BLE COURT
Exhibit P10 A COPY OF THE ORDER NO.G-406/02/2023
DATED 25.10.2023 ISSUED FROM THE 5TH
RESPONDENT
WP(C) NO. 4395 OF 2024
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RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
