Kerala High Court
Murlidharan Krishnan Nair vs The Chief Passport Officer on 3 February, 2025
WP(C) Nos.38685/2024, 39042/2024
1
2025:KER:8999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 38685 OF 2024
PETITIONER:
MURLIDHARAN KRISHNAN NAIR,
AGED 54 YEARS
S/O MUNDARTH KUTTI KRISHNAN, 9/497, PANCHAJANYAM-4,
CHATHAMKULAM GARDENS, KANNADI POST, CHATHAMKULAM,
PALAKKAD, KERALA STATE, PIN - 678701
BY ADV SHIBIN K.F.
RESPONDENTS:
1 THE CHIEF PASSPORT OFFICER,
PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS,ROOM NO. 27,
PATIALA HOUSE, TILAK MARG,NEW DELHI, PIN - 110001
2 THE JOINT SECRETARY (GULF),
THE MINISTRY OF EXTERNAL AFFAIRS, B-WING, JAWAHARLAL
NEHRU BHAWAN, NEW DELHI, PIN - 110011
3 THE REGIONAL PASSPORT OFFICER,
THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR POST,
COCHIN, ERNAKULAM, PIN - 682036
4 THE ASSISTANT DIRECTOR, BUREAU OF IMMIGRATION,
COCHIN INTERNATIONAL AIRPORT, KOCHI AIRPORT POST,
ERNAKULAM, PIN - 683111
SRI. T.C.KRISHNA, SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2025, ALONG WITH WP(C).39042/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.38685/2024, 39042/2024
2
2025:KER:8999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 39042 OF 2024
PETITIONER/S:
ARUN SADASIVA KAIMAL,
AGED 32 YEARS
S/O SADASIVA KAIMAL,CHENNANKARA MADHAVI AMMA,
CHENNANKARA, CHEPPAD POST OFFICE, ALAPPUZHA DISTRICT,
KERALA STATE, PIN - 690507
BY ADV SHIBIN K.F.
RESPONDENT/S:
1 THE CHIEF PASSPORT OFFICER,
PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS ROOM NO. 27,
PATIALA HOUSE, TILAK MARG NEW DELHI, PIN - 110001
2 THE JOINT SECRETARY (GULF),
THE MINISTRY OF EXTERNAL AFFAIRS, B-WING, JAWAHARLAL
NEHRU BHAWAN, NEW DELHI, PIN - 110011
3 THE REGIONAL PASSPORT OFFICER,
THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR POST,
COCHIN, ERNAKULAM, PIN - 682036
4 THE ASSISTANT DIRECTOR, BUREAU OF IMMIGRATION,
COCHIN INTERNATIONAL AIRPORT, KOCHI AIRPORT POST,
ERNAKULAM, PIN - 683111
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2025, ALONG WITH WP(C).38685/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.38685/2024, 39042/2024
3
2025:KER:8999
JUDGMENT
[WP(C) Nos.38685/2024, 39042/2024]
Petitioners in these cases have approached this Court being
aggrieved by the fact that passports issued to them have been
impounded on the ground that they travelled to the country of
Yemen in violation of a travel ban issued by the Government of
India in respect of Indian citizens.
2. The learned counsel appearing for the petitioners in these
cases would submit that the impounding order has been in force for
more than two years and that indefinite continuation of the order of
impounding is causing great prejudice to the petitioners. It is
submitted that an order impounding a passport for a indefinite
period is a violation of the right to life under Article 21 of the
Constitution of India. It is submitted that though one of the
petitioners filed an appeal against the order, the appeal was
rejected stating that there is no provision for Appeal.
3. Learned Central Government Counsel submits that if the
petitioners were to make a comprehensive representation to the
Joint Secretary (Gulf Division, Ministry of External Affairs,
Government of India) against the order impounding their passport,
the said officer will take a decision in the matter after affording an
opportunity of hearing to the petitioners.
WP(C) Nos.38685/2024, 39042/2024
2025:KER:8999
4. Having heard the learned counsel for the petitioners and
the learned Central Government Counsel, this Writ Petition will
stand disposed of directing that if the petitioners were to make a
comprehensive representation to the Joint Secretary (Gulf Division,
Ministry of External Affairs, Government of India), within a period of
two weeks from today, the said representation shall be considered
by the said officer and a decision shall be taken on the question as
to whether the impounding order issued in respect of the passports
issued to the petitioners have to be continued or not. The decision
shall be taken by the officer after affording an opportunity of
hearing to the petitioners at any rate within a period of six weeks
from the date of receipt of a certified copy of this judgment.
This Writ Petition is ordered accordingly.
sd/-
GOPINATH P.
JUDGE
Nsd
WP(C) Nos.38685/2024, 39042/2024
2025:KER:8999
APPENDIX OF WP(C) 39042/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE FRONT PAGE OF THE
PETITIONER'S PASSPORT, DATED 23-07-2013
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 05-06-2023,
BEARING NO. CO1061067138913 OF THE 3RD
RESPONDENT
Exhibit-P3 A TRUE COPY OF THE CERTIFICATE, DATED NIL,
ISSUED BY THE ‘PETRO ENERGY INSPECTION
SERVICES'
Exhibit-P4 A TRUE COPY OF THE SEIZURE LETTER, DATED 18-
12-2021, ISSUED BY THE 4TH RESPONDENT
Exhibit-P5 A TRUE COPY OF THE LETTER, DATED 15-05-2023,
FROM THE COCHIN REGIONAL PASSPORT OFFICE
INTIMATING REJECTION OF PETITIONER'S REQUEST
TO RETURN HIS PASSPORT
Exhibit-P6 A TRUE COPY OF THE APPEAL MEMORANDUM, DATED
07-05-2024 AND WITHOUT ANNEXURES, FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit-P7 A TRUE COPY OF THE JUDGMENT, DATED 21-08-
2024, IN WP(C) NO. 28893/2024 ON THE FILES OF
THE HIGH COURT OF KERALA
Exhibit-P8 THE COMPUTER-GENERATED PRINT-OUT OF THE E-
MAIL COMMUNICATION, DATED 01-10-2024, ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT
Exhibit-P9 A TRUE COPY OF THE JOB OFFER LETTER DATED 15-
05-2024 ISSUED BY THE ‘CROWN BOATS
MANUFACTURING LLC' TO THE PETITIONER
WP(C) Nos.38685/2024, 39042/2024
2025:KER:8999
APPENDIX OF WP(C) 38685/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ORDER DATED 14-09-2023,
BEARING NO. CO5078478096315 OF THE 3RD
RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE OFFER LETTER, DATED 11-08-
2001 ISSUED BY THE HODEIDAH SHIPPING &
TRANSPORT CO. (S.Y.C.)
Exhibit-P3 A TRUE COPY OF THE OFFER LETTER, DATED 19-07-
2011 ISSUED BY THE HODEIDAH SHIPPING &
TRANSPORT CO. (S.Y.C.)
Exhibit-P4 A TRUE COPY OF THE DISCHARGE SUMMARY, DATED
24-05-2019, ISSUED BY THE ‘SARVAM
INSTITUTE OF ENT AND RESEARCH AT COIMBATORE
Exhibit-P5 A TRUE COPY OF THE MRI SCAN REPORT, DATED 06-
02-2020, ISSUED BY THE ‘THANGAM
HOSPITAL OF PMC' AT PALAKKAD
Exhibit-p6 A TRUE COPY OF THE RESIGNATION LETTER, DATED
05-09-2021, SUBMITTED BY THE PETITIONER TO
THE COMPANY IN YEMEN
Exhibit-P7 A TRUE COPY OF THE CERTIFICATE OF END OF
SERVICE, DATED 06-09-2021, ISSUED BY THE
PACIFIC INTERNATIONAL LINES YEMEN LTD.
Exhibit-P8 A TRUE COPY OF THE STATEMENT, DATED NIL,
SHOWING SOCIAL SECURITY DUES TO THE
PETITIONER FROM THE COMPANY HE WORKED IN
YEMEN.
Exhibit-P9 A TRUE COPY OF THE SEIZURE LETTER, DATED 09-
09-2021, ISSUED BY THE ASSISTANT DIRECTOR OF
THE BUREAU OF IMMIGRATION AT THE COCHIN
INTERNATIONAL AIRPORT
Exhibit-P10 A TRUE COPY OF THE LETTER, DATED 05-06-2023,
FROM THE COCHIN REGIONAL PASSPORT OFFICE
INTIMATING REJECTION OF PETITIONER'S REQUEST
TO RETURN HIS PASSPORT
Exhibit-P11 A TRUE COPY OF THE APPEAL MEMORANDUM, DATED
WP(C) Nos.38685/2024, 39042/2024
2025:KER:8999
21-08-2024 AND WITHOUT ANNEXURES, FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit-P12 A TRUE COPY OF THE DEMAND DRAFT, DATED 21-08-
2024, DRAWN BY THE PETITIONER IN FAVOUR OF
THE 1ST RESPONDENT
Exhibit-P13 A TRUE COPY OF THE POSTAL RECEIPT, DATED 22-
08-2024, SHOWING DESPATCH OF THE EXHIBIT-P11
TO THE 1ST RESPONDENT
