In this writ petition concerning the inaction on responding to passport renewal application, the Court found the petitioner had been acquitted in a criminal case. It granted liberty to apply for a fresh passport, noting the application must comply with the Passports Act provisions.
Liberty granted to the petitioner to apply for a fresh passport.
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 P.B.SURESH KUMAR
MONDAY, THE 3RD DAY OF JULY 2017/12TH ASHADHA, 1939
WP(C).No. 9521 of 2017 (M) ---------------------------
PETITIONER:
RAJU.D, AGED 58, S/O DIVAKARAN, VENKAYIL PUTHANVEEDU, THAZHAMEL, ANCHAL P.O., KOLLAM DISTRICT, PIN:691306. BY ADVS.SRI.JOSEPH GEORGE SRI.JIBU P THOMAS SRI.S.JOSHI
RESPONDENT(S):
1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN:110 001.
2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, S.N.S.M BUILDING, KARALKADA JUNCTION, KAITHAMUKKU, THIRUVANANTHAPURAM, PIN:695024.
3. THE STATION HOUSE OFFICER, ANCHAL POLICE STATION, KOLLAM DISTRICT, PIN:691306.
R1,R2 BY ADV. SRI.N.NAGARESH,ASSISTANT SOLICITOR GENERAL R3 BY GOVERNMENT PLEADER SRI K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9521 of 2017 (M)
APPENDIX
| PETITIONER(S)' | EXHIBITS |
|---|---|
| -------------- | --------- |
| EXHIBIT P1: |
TRUE PHOTOCOPY OF THE CERTIFICATE DATED 31.1.2013 ISSUED BY FUEL SUPPLIES MALDIVES PVT. LTD. |
| EXHIBIT P2: |
TRUE PHOTOCOPY ACKNOWLEDGEMENT OF PASSPORT APPLICATION DATED 8.10.12. |
| EXHIBIT P3: |
TRUE PHOTOCOPY OF REPLY DATED 6.7.2013 OF THE STATE PUBLIC OFFICER OF THE DISTRICT POLICE OFFICE KOLLAM (RURAL) ALONG WITH LETTER NUMBER 321/SB/MISE/12/QR DATED 6.2.2013 OF THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT SPECIAL BRANCH OFFICE, KOLLAM RURAL, KOTTARAKKARA. |
| EXHIBIT P4: |
TRUE PHOTOCOPY OF REPLY NUMBER 6933/B1/2012/NORKA DATED 13.5.2013 ISSUED BY THE SECRETARY TO GOVERNMENT NORKA DEPARTMENT. |
| EXHIBIT P5: |
TRUE PHOTOCOPY OF ORDER DATED 21.11.2015 IN HRMP NO.9072/14/KLM OF KERALA HUMAN RIGHTS COMMISSION. |
| EXHIBIT P6: |
TRUE PHOTOCOPY OF REPORT SUBMITTED BY THE 2ND RESPONDENT IN HRMP NO.9072/14/KLM OF THE KERALA STATE HUMAN RIGHTS COMMISSION. |
| EXHIBIT P7: |
TRUE PHOTOCOPY OF LETTER NUMBER NORKA-B3/209/2016 DATED 10.6.2016 ISSUED BY THE SECRETARY TO GOVERNMENT NORKA AFFAIRS (B) DEPARTMENT. |
| RESPONDENT(S)' -------------- |
ANNEXURES --------- |
| R2(A) | TRUE COPY OF THE SHOW CAUSE NOTICE DATED 6/10/2003. |
| R2(B) |
TRUE COPY OF THE LETTER DATED 6/2/2013 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM RURAL. |
/TRUE COPY/
P.S.TO JUDGE
K.V.
P.B.SURESH KUMAR, J.
--------------------------------------------
W.P.(C).No.9521 of 2017
---------------------------------------------------Dated this the 3rd day of July, 2017
J U D G M E N T
The petitioner obtained a passport in the year 2003 for a period of ten years. During October, 2012, the petitioner applied for renewal of the passport. The grievance of the petitioner in the writ petition concerns the inaction on the part of the competent authority under the Passports Act in considering the application for renewal of passport submitted by the petitioner.
W.P.(c).No.9521 of 2017
: 2 :
obtained the passport suppressing the criminal case against him, the passport was liable to be impounded and it is on account of the said reason that the application for renewal submitted by the petitioner is not being considered.
Sd/- P.B.SURESH KUMAR JUDGE
rsr
W.P.(c).No.9521 of 2017 : 3 :
2 issues framed by the court
Whether the petitioner is restrained from applying for a fresh passport after his acquittal in the criminal case during the ten-year validity of the original passport.
Whether inaction of the competent authority in considering the renewal application is maintainable if there is no pending criminal case against the petitioner.
1 provisions across 1 enactments
Raju.D
Union of India
Regional Passport Officer, Thiruvananthapuram
Station House Officer, Anchal Police Station, Kollam
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
