Disposed

Abdul Kader C.H, v. Union of India

Kerala HC7 Jan 2021WP(C)/27253/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition regarding passport correction, directed authorities to reopen the file and grant the petitioner an in-person hearing opportunity before deciding the application, citing fairness and pandemic constraints.

What did the court decide?

Direction to petitioner to appear before 2nd respondent between 02.02.2021 and 05.02.2021; 2nd respondent to conduct hearing before deciding application.

Abdul Kader C.H, Vs Union of India — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 BECHU KURIAN THOMAS

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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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WP(C).No.27253 OF 2020(F)

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PETITIONER/S:

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ABDUL KADER C.H,AGED 53 YEARS S/O. ABDULRAHIMAN, CHALILAKATH HOUSE, TIRURKAD P.O, MALAPPURAM DISTRICT, PIN-679 321

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BY ADVS. SRI.P.SAMSUDIN SRI.M.ANUROOP

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, DELHI-110 004

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2 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, ERANHIPALAM P.O, KOZHIKODE DISTRICT, PIN-673 006

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R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R1-2 BY ADV. SRI.P.VIJAYAKUMAR

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SMT. KRISHNA, CGC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27253 OF 2020 2

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JUDGMENT

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Dated this the 7th day of January 2021

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The writ petition challenges Ext.P4 communication dated 11.08.2020 issued by the 2^nd respondent. A direction is also sought against the 2^nd respondent to correct the personal particulars of the petitioner in his passport.

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Perusal of Ext.P4 shows that it is a letter dated 11.08.2020 issued by the 2^nd respondent to the petitioner. Ext.P4 refers to the application of the petitioner seeking re-issue of his passport with change in personal particulars and directed the petitioner to report in person along with the desired documents on 26.08.2020. It was also mentioned in the letter that, if the petitioner fails to appear as directed, it would be presumed that the petitioner had nothing to offer as an explanation and the same may result in closure of the application submitted by the petitioner.

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Learned counsel for the petitioner submits that on the date specified in Ext.P4, even though petitioner had appeared in person, the 2^nd respondent had not heard the petitioner and instead, closed the file as specified in Ext.P4.

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Aforesaid submission is disputed by the learned Assistant

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Solicitor General of India, who submits on instructions that there

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WP(C).No.27253 OF 2020 3

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was no appearance on 26.08.2020 and consequently, as specified in Ext.P4, the file relating to the application of the petitioner was closed on 10.09.2020.

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Since the petitioner is only seeking an opportunity to appear and to explain in person, I am of the view that such an opportunity ought to be given. Otherwise, it will be too harsh on the petitioner to close an application merely for failure to appear on the first day itself, especially during the prevailing pandemic times.

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Taking note of the submissions made by the learned counsel for the petitioner and the Assistant Solicitor General of India, the writ petition is disposed of, directing the petitioner to appear before the 2^nd respondent on any day during working hours between 02.02.2021 and 05.02.2021 along with all the requisite documents as sought for by the 2^nd respondent. If the petitioner appears before the 2^nd respondent as directed above, the 2^nd respondent shall after granting an opportunity of hearing take a decision on Ext.P2 application in accordance with law.

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The writ petition is disposed of, accordingly.

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Sd/-

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BECHU KURIAN THOMAS, JUDGE

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WP(C).No.27253 OF 2020 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PASSPORT BEARING NO. M2306300. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR CORRECTION AND RE ISSUE OF PASSPORT ALONG WITH THE SUPPORTING AFFIDAVIT DATED 06.02.2020 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 11.08.2020 RECEIVED FROM THE 2ND RESPONDENT.

Abdul Kader C.H, v. Union of India

Case brief

What is this about?

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Abdul Kader C.H, v. Union of India

Case brief

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