During admission in a writ petition challenging the retention of passport, the court directed the petitioner to submit identity documents within two weeks to address verification issues raised by the authorities.
Direction to produce identity documents within two weeks for verification, followed by a decision on passport release within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 1306 OF 2024
PETITIONER:
MUHAMMED ASHARAF
AGED 66 YEARS, S/O. SALIHAN RAWTHAR
(ALIAS MOHAMMED ALI), AKBAR MANZIL,
NEAR TOWN LPS, KADAKKAL P O,
KADAKKAL VILLAGE, KOLLAM DISTRICT,
KERALA, PIN – 691 536.
BY ADVS.
SRIKANTH THAMBAN
SRAVAN M.S.
FIRDOUSE.K.K
ABHILASH.B
RESPONDENTS:
1 REGIONAL PASSPORT OFFICER S.N.S.M BUILDING, KARALKADA JUNCTION, KAITHAMUKKU, THIRUVANANTHAPURAM, KERALA, PIN – 695 024.
S.N.S.M BUILDING, KARALKADA JUNCTION,
2 UNION OF INDIA REPRESENTED BY THE ADDITIONAL SOLICITOR GENERAL OF INDIA, HIGH COURT OF KERALA, ERNAKULAM, KERALA, PIN – 682 031.
BY
S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1306 of 2024
: 2 :
JUDGMENT
Dated this the 8th day of February, 2024
On the basis of receipt of certain complaints, the petitioner was summoned by the Passport Authorities and the petitioner has surrendered the passport to the Regional Passport Officer, Thiruvananthapuram. The petitioner was required to produce certain documents in proof of Date of Birth.
W.P.(C) No.1306 of 2024
: 3 :
cases pending against the petitioner.
In the afore circumstances, the writ petition is disposed of directing the petitioner to produce the identity documents available with him to the 1st respondent-Regional Passport Officer, Thiruvananthapuram within a period of two weeks. If the petitioner produces the documents, after making necessary verification, the 1st respondent-Regional Transport Officer shall take a decision on release of the petitioner’s passport within a further period of one month.
Sd/-
N. NAGARESH JUDGE
AMR
W.P.(C) No.1306 of 2024
: 4 :
APPENDIX OF WP(C) 1306/2024
PETITIONER’S EXHIBITS
Exhibit P1A TRUE COPY OF THE PASSPORT HAVING THE
NO.X9598502ISSUEDBYTHE
THIRUVANANTHAPURAM PASSPORT OFFICER
DATED 20.06.2023.
Exhibit P2A TRUE COPY OF THE RESIDENTIAL CARD
ISSUED BY THE SULTANATE OF OMAN WITH
THE CIVIL NUMBER 74618576.
Exhibit P3A TRUE COPY OF THE COMPLAINT BEING
FORWARDED BY MR. A.K ANIL KUMAR TO THE
CHIEF MINISTER OF KERALA DATED
11.02.2022.
Exhibit P4A TRUE COPY OF THE RATION CARD WITH
CARD NO. 1208167891 ISSUED BY THE
CIVIL SUPPLIES DEPARTMENT, GOVERNMENT
OF KERALA DATED 14.01.2022.
Exhibit P5A TRUE COPY OF THE ENQUIRY REPORT
SUBMITTED BY THE DEPUTY SUPERINTENDENT
OF POLICE TO DISTRICT POLICE CHIEF,
KOLLAMHAVINGTHENO.
06/CB/PTN-2022/QR DATED 30.09.2022.
Exhibit P6A TRUE COPY OF THE ENQUIRY REPORT
SUBMITTED BY THE DEPUTY SUPERINTENDENT
OF POLICE, KOLLAM RURAL, KOTTARAKKARA,
TO THE DISTRICT POLICE CHIEF, KOLLAM
RURAL DATED 04.11.2023.
Exhibit P7A TRUE COPY OF THE NOTICE NO.
TV1075102913723 ISSUED BY THE REGIONAL
PASSPORT OFFICE, THIRUVANANTHAPURAM
DATED ON 28.12.2023.
W.P.(C) No.1306 of 2024
: 5 :
Exhibit P8A TRUE COPY OF THE SURRENDER
CERTIFICATEINFILENUMBER:
TV1075102913723 ISSUED BY THE REGIONAL
PASSPORT OFFICE, THIRUVANANTHAPURAM,
DATED 23.11.2023.
Exhibit P9A TRUE COPY OF THE ONE AND SAME
CERTIFICATE ISSUED BY THE KADAKKAL
VILLAGE OFFICE DATED 10.07.2020.
Exhibit P10A TRUE COPY OF THE ONE AND SAME
CERTIFICATE ISSUED BY THE KADAKKAL
VILLAGE OFFICE DATED 14.07.2020.
Exhibit P11A TRUE COPY OF THE NOTIFICATION NO.
GSR 570 (E) DATED 25.08.1993 ISSUED BY
THE MINISTRY OF EXTERNAL AFFAIRS,
GOVERNMENT OF INDIA.
Exhibit P12A TRUE COPY OF THE ORDER PASSED BY THE
COURT OF THE GRAM NYAYALAYA,
CHADAYAMANGALAMUNDERCMP.NO.
120/2023 IN ST. NO. 05/2019 IN
KADAKKAL POLICE STATION, CRIME NO.
1714/2018 DATED 08.12.2023.
Exhibit P13A TRUE COPY OF THE ANNEXURE-1
SIMPLIFICATION OF PASSPORT RULES UNDER
LOK SABHA UNSTARRED QUESTION NO. 1297
ANSWERED ON 25.07.2018 REGARDING
PASSPORT SIMPLIFICATION.
Exhibit P14A TRUE COPY OF THE ONE AND THE SAME
AFFIDAVIT SWORN BEFORE THE NOTARY
PUBLIC ON THE DATE OF 15.12.2023.
Exhibit P15A TRUE COPY OF THE ONE AND SAME
AFFIDAVIT SWORN AND ATTESTED BEFORE
THE GAZETTED OFFICER DATED 15.12.2023.
1 issue framed by the court
Whether to direct the petitioner to produce identity documents to resolve doubts regarding particulars before releasing the passport.
Muhammad Asharaf
Regional Passport Officer, Thiruvananthapuram
Union of India (represented by Additional Solicitor General)
N.Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court