Disposed

Kimbee.K.a v. the Regional Passport Officer

Kerala HC20 Feb 2019WP(C)/4515/2019

Case brief

AI extract

What is this about?

The High Court allowed a petition seeking to correct a missing surname on the petitioner's passport. It held that while there is no legal bar to correction, the petitioner must obtain travel clearance from the Assistant Sessions Court where a criminal trial is scheduled before a fresh passport is issued.

What did the court decide?

Petitioner allowed liberty to approach Assistant Sessions Court for travel clearance to subsequently produce before Passport Authority for issuing fresh passport with corrected surname.

Kimbee.K.a Vs the Regional Passport Officer — Service and Employment | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940

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WP(C).No. 4515 of 2019

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PETITIONER:

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KIMBEE.K.A AGED 36 YEARS S/O.AJAYAN,KOZHIPARAMBIL HOUSE,EDASSERY.P.O, THALIKKULAM.

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BY ADVS. SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN

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RESPONDENTS:

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1 THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE,P.ANAMPILLY NAGAR, ERNAKULAM-682036.

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2 SUB INSPECTOR OF POLICE, VATANAPPILLY,THRISSUR DISTRICT. BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI

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OTHER PRESENT:

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SRI.P.VIJAYAKUMAR-ASG SMT.AMMINIKUTTY-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4515 of 2019

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J U D G M E N T

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The petitioner's limited prayer in this writ petition is that the competent Passport Authority be directed to correct his passport, bearing No.J1497741, by including his surname, which had been omitted to be included while the said passport was originally applied for and issued.

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Sri.Dayasindhu Shreehari, the learned Central Government Counsel, submits that the Regional Passport Authority is justified in not issuing a new passport to the petitioner, since he is stated to be involved in a criminal case before the Assistant Sessions Court, Chavakkad; and therefore, that unless he is able to obtain clearance for travel from the said Court, the said Authority cannot reissue any passport to him in terms of law.

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On hearing Sri.Dayasindhu Shreehari as afore, Sri.I.V.Pramod, the learned counsel appearing for the petitioner, submits that his client does not intend to travel abroad without permission from the Assistant Sessions Court, Chavakkad, before which, he concedes that a case is pending against his client; but that he only wants his surname to be

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WP(C).No. 4515 of 2019

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added in the passport, so that in future, when he wants to travel, there will be no further hurdle. He then adds that his client had, in fact, approached the Assistant Sessions Court, Chavakkad, for inclusion of his surname in the passport and that he has obtained Ext.P2 order, wherein the said Court has clarified that there is no legal impediment in the Passport Authority correcting the passport by including his surname.

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Smt.K.Amminikutty, the learned Senior Government Pleader, submits that a Crime No.1037 of 2014 of the Vatanappilly Police Station was registered against the petitioner, which has now been committed by the Judicial First Class Magistrate, Chavakkad to the Assistant Sessions Court, Chavakkad and is presently numbered as S.C.No.313 of 2018. She adds that the trial of this case is scheduled to begin on 21.03.2019.

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In the afore circumstances, I am of the view that even though, there may not be any legal impediment in correcting the passport to show his surname, the petitioner cannot travel without a proper authorization from the Assistant Sessions Court, Chavakkad, because the trial of the

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WP(C).No. 4515 of 2019

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case is scheduled to commence on 21.03.2019. I, am therefore, of the firm view that unless the petitioner gets an appropriate clearance for travel from the said Court, the Regional Passport Authority will not be justified in re-issuing a fresh passport, but that they can always correct the passport.

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In the above perspective, I leave liberty to the petitioner to approach the Assistant Sessions Court, Chavakkad, before which S.C.No.313 of 2018 is pending trial against him and if he is able to get a clearance for travel from the said Court, he can produce the same before the concerned Passport Authority, who will, thereafter, issue a fresh passport to him, after carrying out necessary corrections in the earlier passport, by including his surname, as per law, without any further delay.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No. 4515 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF FIRST PAGE OF HIS PASSPORT BEARING NO.J.1497741 DATED 4/1/2011
EXHIBIT P2	A TRUE COPY OF THE ORDER DATED 25/1/2019 IN CMP NO.84/2019 IN SC.NO.313/2018.
EXHIBIT P3	A TRUE COPY OF THE COMMUNICATION DATED 31/1/2019
	ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4	A TRUE COPY OF THE REPRESENTATION DATED NIL.

Kimbee.K.a v. the Regional Passport Officer

Case brief

What is this about?

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Kimbee.K.a v. the Regional Passport Officer

Case brief

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