Disposed

Faisal, v. the Passport Officer

Kerala HC12 Apr 2023WP(C)/9999/2023

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to renew the petitioner's passport due to pending criminal proceedings where cognizance was not taken. The High Court held that no impediment existed for passport consideration and directed renewal.

What did the court decide?

Writ petition disposed of by directing the respondent to consider the passport renewal application and decide within three weeks.

Faisal, Vs the Passport Officer — Constitutional and Fundamental Rights | Kerala HC (2023)

¶1

INTHEHIGHCOURTOFKERALAATERNAKULAM

¶2

PRESENT

¶3

THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
WEDNESDAY,THE12THDAYOFAPRIL2023/22NDCHAITHRA,1945
WP(C)NO.9999OF2023

¶4

PETITIONER:

¶5

FAISAL,
AGED28YEARS
S/OHABEEB,CHAPPAYILPUTHENVEEDU
ROSENAGAR-34,ARUNOOTTIMANGALAMCHERRY
MANGADUVILLAGE,KILIKOLLOORPOKOLLAM(DIST),
PIN-691004.

¶6

BYADVS.
C.R.JAYAKUMAR
NOBELRAJU

¶7

RESPONDENT:

¶8

THEPASSPORTOFFICER,

¶9

SNSMBUILDING,KARALKADAJUNCTION,KAITHAMUKKUP.O,
THIRUVANANTHAPURAM,PIN-695024.

¶10

SRI.SMANU,DSGI

¶11

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON12.04.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

¶12

W.P.(C) No. 9999 of 2023

¶13

¶14

JUDGMENT

¶15

The petitioner is an Indian Citizen and is the holder of Passport No.L1757921. His grievance is that citing the reason that the petitioner is involved in Crime No.242/2018 of Kilikolloor Police Station, the Regional Passport Officer has refused to renew the passport. It is in the afore circumstances that this writ petition is filed seeking issuance of directions to the respondent to renew the passport of the petitioner within a time frame.

¶16

Sri. C. R. Jayakumar, the learned counsel appearing for the petitioner, would point out that the petitioner herein had challenged the proceedings in Crime No.242/2018 of the Kilikolloor Police Station by preferring Crl. M. C. No. 127 of 2022 and a learned Single Judge of this Court by an interim order dated 28.1.2022 has stayed the submission of the final report till disposal of the Crl. M.C. Relying on the judgment of this Court in Thadevoose Sebastian v. Regional Passport Officer [2021 (5) KLT 531], the learned counsel contends that if cognizance has not been taken and the criminal proceeding is still pending, there is no impediment in the passport authority in considering the grant of passport.

¶17

I have heard the learned DSGI and have considered the

¶18

W.P.(C) No. 9999 of 2023

¶19

¶20

submissions.

¶21

I find from Ext. P1 interim order that this Court has deferred the submission of the final report. In Muhammed Ali v. Union of India and others [ 2018(4) KHC 945], this Court has held that a criminal proceeding can be stated to be pending only if cognizance of the case is taken by the jurisdictional Magistrate. In that view of the matter, there cannot be any impediment in considering the request of the petitioner.

¶22

Resultantly, this writ petition is disposed of directing the respondent to consider the application submitted by the petitioner for renewal of the passport and take appropriate decision, expeditiously, in any event, within a period of three weeks.

¶23

Sd/-

¶24

RAJA VIJAYARAGHAVAN V JUDGE

¶25

Sru

¶26

W.P.(C) No. 9999 of 2023

¶27

¶28

APPENDIX OF WP(C) 9999/2023

¶29

PETITIONER’SEXHIBITS
ExhibitP1THETRUECOPYOFTHEORDERSOFHON'BLEHIGH
COURTOFKERALADATED28.01.2022INCRLMC
NO.127/2022.
ExhibitP2THETRUECOPYOFTHEPASSPORTOFTHE
PETITIONERBEARINGNO.L-1757921ISSUEDAT
THIRUVANANTHAPURAM.
ExhibitP3APPLICATIONFORRENEWALOFPASSPORTDATED
27.02.2023SUBMITTEDBYTHEPETITIONERBEFORE
THERESPONDENT.

¶30

RESPONDENTSEXHIBITS:NIL

Faisal, v. the Passport Officer

Case brief

What is this about?

What did the court decide?

Faisal, v. the Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rego Varghese Vs the Regional Passport Officer

Shyju, Vs State of Kerala

Babukuttan T, Vs State of Kerala

Siluvakurisu, Vs Christhu Das

Jaseela K Vs Mani R

Ravindran Kannupillai Vs the Registering Authority