Dismissed

Harsha Mathew v. Union of India

Kerala HC13 Jun 2022WP(C)/19057/2022

Case brief

AI extract

What is this about?

, a writ petition was filed seeking a mandatory order for the Regional Passport Officer to reconsider a passport application non Consideration. Upon admission, the petitioner filed an email to the authority withdrawing the application Consequently, the court concluded no cause of action survived and ordered the petition closed without adjudicating the merits.

What did the court decide?

Writ petition ordered to be closed as the petitioner withdrew the underlying application by email to the authority, leaving no cause of action.

Harsha Mathew Vs Union of India — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 AMIT RAWAL

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MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

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WP(C) NO. 19057 OF 2022

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PETITIONERS:

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1HARSHA MATHEW
AGED 34 YEARS, D/O. MATHEW, THEKKEL HOUSE,
ELAPILLYKARA, ARAKKULAM VILLAGE,
IDUKKI DISTRICT- 685591

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2MASTER BENAJAMIN K NEVIN (MINOR),
AGED 8 YEARS, S/O NEVIN VINCENT,
THEKKEL HOUSE, ELAPILLYKARA, ARAKKULAM VILLAGE,
IDUKKI DISTRICT- 685591
REPRESENTED BY HIS MOTHER AND GUARDIAN HARSHA MATHEW, AGED 34
YEARS, D/O. MATHEW, THEKKEL HOUSE, ELAPILLYKARA, ARAKKULAM
VILLAGE, IDUKKI DISTRICT- 685591

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BY ADVS.
ALEX.M.SCARIA
SARITHA THOMAS
ALEN J. CHERUVIL

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RESPONDENTS:

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1UNION OF INDIA REPRESENTED BY SECRETARY,
GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL
NEHRU BHAVAN, SASTHRI BAVAN, PATILA HOUSE, ISIL BUILDING, NEW
DELHI- 110 001

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2THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR,
ERNAKULAM-682 036.

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3NEVIN VINCENT,
S/O VINCENT LUKOSE, AGED 35 YEARS, KOOVALLOOR HOUSE,
KADAPLAMATTOM P.O, KADAPLAMATTOM VILLAGE,
KOTTAYAM DISTRICT- 686571

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SRI MANU S ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19057 OF 2022

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JUDGMENT

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The petitioners have approached this Court with the following prayers:

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i. to issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 2^nd respondent to consider the Exhibit-P3 application submitted by the petitioner on merits;

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ii. declare that the non-consideration of Exhibit-P3 by the 2^nd respondent is highly unjust;

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iii. further declare that in view of Exhibits-P4, P5 and P6 the petitioner is entitled to get her Exhibit-P3 application by the 2^nd respondent:”

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iv. to grant such other relief’s as this Honourable Court may deem fit in the circumstances of this case.

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When the case was taken up, Adv.Krishna on behalf of Sri.S.Manu, ASGI informed the Court that subsequent to submission of the application dated 29.11.2021 whereby the petitioner was directed to give the certified copy of the ex parte divorce dated 27.01.2021, an email from the e-mail address [email protected] dated 10.01.2022 time 4.04.pm was

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WP(C) NO. 19057 OF 2022

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addressed to the Regional Passport Officer for withdrawing of the application. In this view of the matter, no further cause of action survives. This writ petition is ordered to be closed.

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Sd/AMIT RAWAL JUDGE

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nak

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WP(C) NO. 19057 OF 2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE JUDGMENT DATED
27/01/2021 IN 359/2020 ON THE FILES OF HE
FAMILY COURT, THODUPUZHA.

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Exhibit P2TRUE COPY OF THE PETITION IN O.P(G&W)
338/2021 DATED 18/10/2021 FILED BEFORE
THE HONOURABLE FAMILY COURT, THODUPUZHA.

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Exhibit P3 TRUE COPY OF THE APPLICATION PREFERRED BEFORE THE 2ND ALONG WITH ANNEXURES THERETO

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Exhibit P4TRUE COPY OF THE JUDGMENT DATED
26/02/2014 IN JUVAIRIYA, MALAPPURAM V.
REGIONAL PASSPORT OFFICER, MALAPPURAM.

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Exhibit P5TRUE COPY OF THE JUDGMENT IN CHAITHANYA
S. NAIR V. UNION OF INDIA DATED
08/03/2022.

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Exhibit P6TRUE COPY OF THE JUDGMENT DATED
09/06/2015 IN W.P(C) NO.8659/2015

Harsha Mathew v. Union of India

Case brief

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Harsha Mathew v. Union of India

Case brief

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