Petitioner, an employee of Kerala State Financial Enterprises and accused in a copyright case, challenged the denial of a No Objection Certificate required for passport renewal. The Court held the denial was valid per Passport Act guidelines for arrested persons and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937
WP(C).No. 10126 of 2012 (M)
PETITIONER(S):
N.M.SIDHIC, AGED 46 YEARS, S/O.MACKAR, RESIDING AT HOUSE NO.14/2008, SHANTHI NAGAR, THOPPUMPADY P.O., KOCHI, ERNAKULAM DISTRICT, NOW WORKING AS SENIOR ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES, KOLENCHERY.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S):
1. THE DEPUTY GENERAL MANAGER (P & HR), KERALA STATE FINANCIAL ENTERPRISES, HEAD OFFICE, BHADRATHA, THRISSUR-680001.
2. THE MANAGING DIRECTOR AND APPELLATE AUTHORITY, KERALA STATE FINANCIAL ENTERPRISES, CHEMBUKAVU, THRISSUR-680001.
R1&2 BY ADV. SRI.P.V.LONACHAN,SC,KSFE LTD. R1,R2 BY ADV. SRI.JIMMY GEORGE THADATHIL, SC, KSFE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10126 of 2012 (M)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1- TRUE COPY OF THE INVITATION ISSUED BY THE MANAGEMENT OF THEJAS DAILY TO THE PETITIONER INVITING THE PETITIONER TO ATTEND THE INAUGURAL CEREMONY.
EXT.P2- TRUE COPY OF THE APPLICATION DATED 28.5.2011 SUBMITTED BY THE PETITIONER BEFORE R1
EXT.P3- TRUE COPY OF THE COMMUNICATION DT.23.1.12 ISSUED BY R1 ON BEHALF OF R2
RESPONDENTS' EXHIBITS:
EXT.R1- TRUE COPY OF THE FORMAT AND THE NOTES ATTACHED TO THE SAME ISSUED BY THE PASSPORT AUTHORITY.
OKB
True copy
P.A. to Judge
K.HARILAL, J.
W.P.(C) No.10126 of 2012
Dated this the 13th day of November, 2015.
JUDGMENT
The petitioner is working as a Senior Assistant
in the Kerala State Financial Enterprises, Kolenchery Branch. He is a noted columnist and writer also. He is holder of an Indian Passport and the same was valid upto 8.4.2009. Thereafter he did not renew the passport. While so, he was invited by 'Thejus' daily to participate in the inaugural ceremony of the publication of Qatar edition to be held at Qatar in UAE.
WP(C).10126/12 :2:
information on Ext.P2 application. However, the petitioner was informed by the 1st respondent that the information sought on Ext.P2 application cannot be issued. Being aggrieved by the said communication, the petitioner filed an appeal under Section 19 of the Right to Information Act and the appellate authority now informed the petitioner that No Objection Certificate cannot be issued under Section 6(2)(f) of the Passports Act, 1967. The reason stated for rejecting the application for issuing No Objection Certificate in Ext.P3 communication is arbitrary, unreasonable and unsustainable. This is the grievance projected in this writ petition. He filed the above writ petition, inter alia, praying for issuing a writ of certiorari or any other writ, order or direction calling for all the records leading to Ext.P3 communication and also to issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to issue a 'No Objection Certificate' to him, at the earliest.
WP(C).10126/12 :3:
denying the allegations against them and contending that the denial of No Objection Certificate is not arbitrary or unreasonable. It is stated that the respondent establishment is a public undertaking under the State Government. So, the respondents have to follow the guidelines issued by the Passport Authority in the matter of issuing 'No Objection Certificate' and the Passport Authority will accept 'No Objection Certificate' only if the certificate is issued
as per the format specifically prescribed by the authority. The said format categorically says that the authority which issued the same has to read the provisions of Section 6(2) of the Passports Act, 1967 and has to certify that the provisions of the said section are not attracted with respect to the applicant who has applied for passport.
WP(C).10126/12 :4:
nation and the allegation against the petitioner is being investigated by the National Investigating Agency. In the aforesaid circumstance, the respondents cannot issue a No Objection Certificate in the format prescribed by the Passport Authority.
WP(C).10126/12 :5:
denying the No Objection Certificate on the ground that the petitioner is an accused in a criminal case pending trial. (2) Whether the respondents are liable to issue a certificate stating their objection, with reasons for the same.
the reasons for objection given by the issuing Authority. In the absence of 'No Objection Certificate', it is incumbent on the Passport Authority to arrive at a conclusion that the public undertaking in which the
WP(C).10126/12 :6:
applicant is working has objection in issuing the passport.
WP(C).10126/12 :7:
(2) of the Passport Act, 1967 are not attracted in the case of the petitioner.
Sd/-
K. HARILAL, JUDGE
okb.
2 issues framed by the court
Whether the respondent is justified in denying the No Objection Certificate on the ground that the petitioner is an accused in a criminal case pending trial.
Whether the respondent is liable to issue a certificate stating their objection along with reasons for the same.
3 provisions across 2 enactments
N.M. Sidhik
The Deputy General Manager (P & HR), Kerala State Financial Enterprises
The Managing Director and Appellate Authority, Kerala State Financial Enterprises
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
