Disposed

Raju Mathew v. Union of India

Kerala HC23 Jul 2018WP(C)/14627/2018

Case brief

AI extract

What is this about?

The High Court of Kerala declined to decide the merits of the writ petition contesting an order impounding the petitioner's passport. Observing parallel proceedings where the petitioner sought a stay in the appeal forum, the court disposed of the petition without hearing, directing the appellate authority to dispose of the appeal within one month.

What did the court decide?

Writ petition disposed of; the appellate authority instructed to consider the appeal and interlocutory applications within one month.

Raju Mathew Vs Union of India — Constitutional and Fundamental Rights | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940

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WP(C).No. 14627 of 2018

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PETITIONER

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RAJU MATHEW, S/O. MELVATTAM CHACKO MATHEW, MELVATTAM HOUSE, MARANGATTUPALLI, KOTTAYAM, KERALA-686 635.

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BY ADVS.SRI.BABY THOMAS

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SRI.LATHEESH SEBASTIAN

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RESPONDENTS:

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UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS DEPARTMENT, NEW DELHI.

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CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS DEPARTMENT, NEW DELHI

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REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O, KOCHIN, KERALA-682 036.

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STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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STATION HOUSE OFFICER, MARANGATTUPALLY POLICE STATION, MARANGATTUPALLY, KOTTAYAM DISTRICT-686 635.

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R1-R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R4 & 5 BY GOVERNMENT PLEADER SRI M K DHANIL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14627 of 2018 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 17/01/2018. EXT.P2: TRUE COPY OF THE REPLY OF THE PETITIONER DATED 03/02/2018. EXT.P3: TRUE COPY OF THE BAIL ORDER OF THIS HON'BLE COURT IN B.A.NO.5980 OF 2017. EXT.P4: TRUE COPY OF THE FIR IN CRIME NO.1335/2017 OF MARANGATTUPALLY POLICE STATION. EXT.P5: TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 20/03/2018. EXT.P6: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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JJJ

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DAMA SESHADRI NAIDU, J.

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W.P.(C) No. 14627 of 2018 (C)

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-----------------------------------------Dated: 23^rd July, 2018

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J U D G M E N T

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The petitioner assails Ext.P5 order, through which the

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third respondent asked the petitioner to surrender the passport because it stood impounded. Indeed, the petitioner filed a statutory appeal against Ext.P5 before the second respondent. At the same time, the petitioner has filed this writ petition, as a matter of parallel proceedings, contending that Ext.P5 should be stayed.

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I am afraid such a course of action—that is, filing an appeal at one place and seeking a stay of the impugned proceedings at another—cannot be sustained. At any rate, the petitioner's counsel submits that the petitioner has also sought stay in the appeal filed before the second respondent, the

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W.P.(C) No.14627/2018

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-2-

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appellate authority.

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Under these circumstances, without adverting to the merits of the matter, I dispose of the writ petition holding that the second respondent will consider the petitioner's appeal, including any interlocutory application, within one month (the agreed time).

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Sd/DAMA SESHADRI NAIDU JUDGE

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jjj 23/07/2018

Raju Mathew v. Union of India

Case brief

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Raju Mathew v. Union of India

Case brief

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