Kerala High Court
Shihabudeen A vs Union Of India on 4 November, 2025
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W.P.(C) No. 38216 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 38216 OF 2024
PETITIONER:
SHIHABUDEEN A.,
AGED 48 YEARS, S/O. ABDUL JABBAR,
VILAYIL PUTHEN VEEDU,
PERAYAM, MAYANALLOOR, P.O. WARD 18,
THRIKOVILVATTOM PANCHAYATH,
THAZHUTHALA, KOLLAM, KERALA, PIN-691003
BY ADV SRI.R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
SOUTH BLOCK, NEW DELHI, PIN-110011
2 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME AND VIGILANCE,
SECRETARIAT, THIRUVANATHAPURAM, PIN-695001
3 REGIONAL PASSPORT OFFICER,
BNSM BUILDING, KARALKADA JUNCTION,
P.O. KAITHAMUKKU, THIRUVANANTHAPURAM,
KERALA, PIN-695024
4 CIRCLE INSPECTOR OF POLICE,
VALIATHURA POLICE STATION,
THIRUVANTHAPURAM, PIN-695007
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W.P.(C) No. 38216 of 2024
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SMT. T.C. KRISHNA, SENIOR PANEL COUNSEL
SMT. O.M. SHALINA, DSGI
SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No. 38216 of 2024
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 38216 of 2024
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Dated this the 4th day of November, 2025
JUDGMENT
The petitioner seeks a direction to the 3 rd respondent to
pass orders on Ext.P2 application preferred for the issuance of a
fresh passport.
2. A statement has been filed on behalf of the 3rd
respondent, which reads as follows:-
2. It is submitted that the Regional Passport Officer,
Trivandrum had received a letter dated 04/10/2024
from the Crime Branch Trivandrum City informing
that the petitioner Mr. Shihabudeen had committed
forgery in the passport bearing No. V9138728
obtained passport in the name Mujeeb Rahuman
Midulaj and used it for travelling from Oman and
Crime No. 1053/2024 of Valiyathura Police Station
has been registered against him as per the Passports
Act. Copies of documents furnished by the petitioner
for obtaining passports in the fake identity were
sought for and the same were provided by the RPO.
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3. As per details available, Passport no. E1307071
dated 16/04/2002 was issued in the name of Midulaj
Mujeeb Rahuman from the RPO on the basis of
School certificate and ration card. This passport was
reissued as passport No. K0868750 dated 16/04/2012
which was again reissued as passport No. V9138728
dated 11/01/2022 both from Embassy of India
Muscat.
4. These passports were obtained with the applicant
name as Midulaj Mujeeb Rahuman, father's name as
Midulaj, mother's name as Mariambeevi, date of
birth as 02/05/1974 and place of birth as
Umayanalloor. He has used the passports for
extensive travel and employment abroad. As per the
petition, he has now filled up an application in
which his name is mentioned as Shihabucen Abdul
Jabbar, fathers name as Abdul Jabbar. Mother's name
as Asuma Beevi, date of birth as 10/05/1972 and
place of birth as Kollam. He has also stated that he
had obtained a passport No. P301067 dated
16/04/1993 in his original personal particulars.
5. Petitioner has obtained a passport with entirely
different particulars by impersonation. He has
reissued his initial passport several times and is still
using the same for travel. During his numerous
travels abroad and employment abroad, he was fully
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aware that he is holding passports with different
personal particulars. He has deliberately deceived
the Passport Issuing Authority, foreign governments
and employers and used the passport to grab
unentitled benefits all these years.
6. As per section 12(1)(b) of the Passport Act 1967,
whoever knowingly furnishes any false information
or suppresses any material information with a view
to obtaining a passport or travel document shall be
liable for legal prosecution. On receipt of the letter
from crime branch, the had issued a Show Cause
Notice intimating the applicant to furnish an
explanation and submit his documents including
school certificate/birth certificate inorder to
confirm his correct personal particulars. Petitioner
has not yet responded to the same.
7. Since this is evident to be a case of impersonation,
in which the petitioner had been using passports in a
wrong identity for more than 20 years. Investigation
of the case needs to be continued in order to
ascertain the correct facts of the matter and the
petitioner has to be prosecuted as per law. His
application for passport facilities should not be
considered until disposal of the case and only after
confirmation of his correct personal particulars.
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3. In view of the serious allegations raised against the
petitioner and taking note of the fact that the show cause notice
issued was not responded to, I am not inclined to grant the relief
sought. No direction can be issued to the 3 rd respondent to issue a
passport during the pendency of the proceedings mentioned above.
4. Accordingly, the prayers sought for in the writ petition
are rejected. However, this judgment will not prevent the petitioner
from seeking appropriate orders from the criminal court
concerned.
Subject to the above, the Writ petition is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 38216/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FIR NUMBERED AS
1053/2024 DATED 11.09.2024 AND
TRANSLATION
Exhibit P2 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER DATED
22.10.2024
