Abhilash Nadukkandy vs Regional Passport Officer
2024 Latest Caselaw 28431 Ker

Kerala High Court

Abhilash Nadukkandy vs Regional Passport Officer on 25 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 18540 OF 2023




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                               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 PRESENT

                            THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

                   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                                          WP(C) NO. 18540 OF 2023


        PETITIONER/S:

                          ABHILASH NADUKKANDY, AGED 28 YEARS
                          S/O GOPALAN, CHALIL (H), KARUVANNUR P.O, NADUVANNUR VIA,
                          KOZHIKKODE, KERALA, PIN - 673614


                          BY ADVS. MITHUN BABY JOHN
                          N.U.HARIKRISHNA



        RESPONDENT/S:

           1              REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKKODE,
                          ERANHIPALAM P.O, KOZHIKKODE, KERALA, PIN - 673006

           2              SHILPA SHIVAN,
                          D/O. SIVAN, POONGATTU (H), THIRUTHIKKADU DESOM, PORKULAM
                          VILLAGE, KUNNAMKULAM, THRISSUR CITY, KERALA (SOUGHT TO BE
                          IMPLEADED )


                          BY ADV ANAND KALYANAKRISHNAN


        OTHER PRESENT:

                          SRI.T.C. KRISHNA-DSG


                THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 25.09.2024, THE COURT ON
        THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18540 OF 2023




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                                       JUDGMENT

The petitioner applied for a passport under the 'Tatkal'

scheme without disclosing the pendency of a criminal case against

him, i.e., Crime No.193/2020 under Sections 498A and 406 read with

Section 34 of the IPC, pending as C.C. No.293/2020 before the JFCM

Court, Kunnamkulam.

2. The FIR was registered in the year 2020. At the time of

issuing the passport under the 'Tatkal' scheme, Police verification

does not take place. It takes place after issuing the passport. On

verification, the Police submitted a report regarding the pendency

of the criminal case against the petitioner. So, a show cause notice

in Ext.P3 was issued to the petitioner, which has been challenged

before this Court.

3. This Court finds absolutely no ground to entertain this

writ petition against the show cause notice. The petitioner may file WP(C) NO. 18540 OF 2023

2024:KER:71329

a reply within one week from today to the show cause notice, and

the Regional Passport Authority shall consider the reply and then

take a final decision in accordance with the law.

In view thereof, I find this writ petition premature which is

hereby dismissed.

Sd/-

DINESH KUMAR SINGH JUDGE jjj WP(C) NO. 18540 OF 2023

2024:KER:71329

APPENDIX OF WP(C) 18540/2023

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE F.I.R BEARING CRIME NO. 193/2020 OF KUNNAMKULAM POLICE STATION

Exhibit P2 A TRUE COPY OF THE COMPROMISE AGREEMENT DATED 1/2/2023 FILED BEFORE THE HON'BLE FAMILY COURT, THRISSUR

Exhibit P3 A TRUE COPY OF THE NOTICE DATED 10/5/2023 ISSUED BY THE RESPONDENT