Allowed

K.Joseph Rajeevan v. Regional Passport Officer,Kochi & Anr.

Kerala HC6 Nov 2007WP(C)/18307/2007

Case brief

AI extract

What is this about?

The petitioner, whose passport was surrendered after being part of a closed criminal case, filed a writ petition for its return. The court held there was no justification for retaining the passport and directed the passport authority to release it within four weeks.

What did the court decide?

Writ petition allowed directing the first respondent to release the petitioner's passport within four weeks.

K.Joseph Rajeevan Vs Regional Passport… — Constitutional and Fundamental Rights | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 6TH NOVEMBER 2007 / 15TH KARTHIKA 1929

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WP(C).No. 18307 of 2007(D)

PETITIONER:

K.JOSEPH RAJEEVAN, S/O. JOSEPH, KALATHILPARAMBIL, PUTHUVYPPU, ERNAKULAM DISTRICT.

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BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.RENJITH B.MARAR SRI.PRABHU VIJAYAKUMAR SMT.LAKSHMI RENJITH SRI.JOJO VARGHESE

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RESPONDENTS:

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REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI.

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SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION.

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R2 BY G.P. SRI.M.R.SABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: TRUE COPY OF PASSPORT OF THE PETITIONER.

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P2: TRUE COPY OF NOTICE DT.29.1.2002 ISSUED TO PETITIONER BY R1.

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P3: TRUE COPY OF REPRESENTATION DT.1.4.2002 SUBMITTED BY PETITIONER BEFORE R1.

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P4: .DO. DT.15.10.2004 .DO.

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P5: TRUE COPY OF NOTICE DT.16.11.2004 ISSUED TO PETITIONER BY R1.

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P6: TRUE COPY OF REPRESENTATION PREFERRED BY PETITIONER BEFORE R1.

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P7: TRUE COPY OF APPLICATION PREFERRED BY PETITIONER BEFORE THE JFCM-1, KOCHI.

TRUE COPY

PA TO JUDGE

ANTONY DOMINIC, J.

W.P.(C) No.18307 of 2007

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Dated this the 6th day of November, 2007.

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JUDGMENT

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Aggrieved by Ext.P2 communication from the first respondent, petitioner surrendered his Passport bearing No.E0051049 dated 24.10.2001. According to the petitioner, despite having surrendered the Passport as early as in 2002, the same has not been returned so far. Learned Government Pleader on instruction submits that petitioner was called upon to surrender the Passport for the reason that Crime No.280/1996 was registered against him at Njarakkal Police Station. According to learned Government Pleader though the case was charge-sheeted as CC No.414/1997 before the Judicial

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First Class Magistrate Court, Kochi, the case has been closed long ago. Petitioner submits that in fact the case was referred by the Police based on a compromise entered into between parties.

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Whatever be the manner in which the case was closed, fact remains that there is no case against him presently. If that be so, I see no justification for retaining the Passport of the petitioner. In view of this, I dispose of this W.P. directing that the petitioner may move the first respondent for releasing the Passport and in which event, taking into

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account the facts stated above the first respondent will pass orders as expeditiously as possible and at any rate, within four weeks of date of receipt of copy of this judgment.

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ANTONY DOMINIC Judge

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pms

K.Joseph Rajeevan v. Regional Passport Officer,Kochi & Anr.

Case brief

What is this about?

What did the court decide?

K.Joseph Rajeevan v. Regional Passport Officer,Kochi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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