Petitioner challenged refusal of passport due to pending criminal cases. Court held that despite alleged compromise, cases remain pending; dismissal of writ without prejudice.
Writ petition dismissed; petitioner to approach appropriate authority after disposal of criminal cases.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930
WP(C).No. 9935 of 2008(G)
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PETITIONER:
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PADMANABHAN PATINHAKKARA
S/O.KUNHIRAMAN, AGED 36 YEARS, MAVILA VEEDU POOKOTH THERU, TALIPARAMBA P.O. TALIPARAMBA TALUK, KANNUR DISTRCIT.
BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH
RESPONDENTS:
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1. UNION OF INDIA REPRESENTED BY CABINET SECRETARY, NEW DELHI.
2. THE PASSPORT OFFICER, KOZHIKODE, P.O. ERANHIPALAM, KOZHIKODE DISTRICT.
3. SUPERINTENDENT OF POLICE, KANNUR.
4. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM.
5. STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT.
BY ADV. SRI. P.J. PHILIP FOR R1 & R2 SRI. P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL GOVERNMENT PLEADER SRI. I.V. PRAMOD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. SIRI JAGAN, J.
W.P.(C)No.9935 OF 2008
Dated this the 22nd day of May, 2008
JUDGMENT
The petitioner is an applicant for a passport. The passport
Officer is refused to process the application on the ground that
criminal cases are pending against the petitioner. The petitioner admits that the criminal cases are pending against the petitioner. The only contention is that the said cases have been compromised with the complainant. But the counsel for the petitioner admits that the criminal cases are still pending. Therefore the stand of the respondents cannot be faulted in so far as the criminal cases are still pending. Therefore, without prejudice to the right of the petitioner to move appropriately after getting the criminal cases are disposed of, this writ petition is dismissed.
S. SIRI JAGAN, JUDGE
Acd
1 issue framed by the court
Whether a writ petition challenging non-issue of passport due to pending criminal cases can be allowed when cases are compromised but still pending.
PADMANABHAN PATINHAKKARA
UNION OF INDIA REPRESENTED BY CABINET SECRETARY, NEW DELHI
THE PASSPORT OFFICER, KOZHIKODE
SUPERINTENDENT OF POLICE, KANNUR
THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM
STATION HOUSE OFFICER, TALIPARAMBA
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
