Disposed

Indrajith Rajesh, v. Union of India

Kerala HC1 Feb 2024WP(C)/2188/2024

Case brief

AI extract

What is this about?

The petitioner's passport was impounded under Section 12 of the Passports Act, 1967 for traveling to Yemen in violation of a government notification. The petitioner sought release to take a job in the UK. The Court directed the Joint Secretary (Gulf) to consider the petitioner's representation and pass appropriate orders within one month.

What did the court decide?

Direction to Joint Secretary (Gulf) to consider representation and pass orders within one month.

Indrajith Rajesh, Vs Union of India — Pension and Retirement Benefits | Kerala HC (2024)

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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 N.NAGARESH

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THURSDAY, THE 1^ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945

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WP(C) NO. 2188 OF 2024

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PETITIONER:

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INDRAJITH RAJESH, AGED 28 YEARS, S/O.RAJESH, PUTHUVAKKAL THEKKATHIL, MEKKADU, CHAVARA P.O., KOLLAM, PIN – 691583

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BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES

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RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS, PATTIALA HOUSE ANNEX, TILAK MARG, NEW DELHI, PIN – 110001 2 CHIEF PASSPORT OFFICER & JOINT SECRETARY (PSP), (APPELLATE AUTHORITY), PASSPORT DIVISION, MINISTRY OF EXTERNAL AFFAIRS, PATTIALA HOUSE ANNEX, TILAK MARG, NEW DELHI, PIN - 110001 3 JOINT SECRETARY (GULF), MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.2129, JAWAHARLAL NEHRU BHAVAN, NEW DELHI, PIN - 110001

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W.P.(C) No.2188/2024

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: 2 :

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4 REGIONAL PASSPORT OFFICER, THIRUVANANTHAPURAM, REGIONAL PASSPORT OFFICE, SNSM BUILDINGS, PETTA, KARALKADA JN, P.O KAITHAMUKKU, THIRUVANANTHAPURAM, PIN – 695024

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SRI.S.MANU, DSGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.2188/2024

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JUDGMENT

Dated this the 1^st day of Februar y, 2024

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The petitioner is a passport holder of Passport No.R9028793 issued from Trivandrum Passport Office. His passport was impounded by Bureau of Immigration, Cochin International Airport as per Ext.P1 Seizure letter dated 17.11.2021. Passport was impounded under Section 12 of Passports Act, 1967 alleging that petitioner has travelled to Yemen in violation of Ext.P2 notification 26.9.2017. The petitioner was not aware about the ban imposed by the Government on travel to Yemen, contends the petitioner.

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Now the petitioner has got a job opportunity in U.K. But unfortunately, the petitioner's Passport was impounded for traveling to Yemen in violation of Government Notification No.S.O.3223(E) dated 26.09.2017.

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The petitioner has made a request before the 4^th respondent to release his passport, but the same was

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W.P.(C) No.2188/2024

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: 4 :

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rejected by the 4^th respondent and decided to impound the petitioner's Passport as per Ext.P4 order dated 26.05.2023. The petitioner has submitted Ext.P6 appeal before the 2^nd respondent against Ext.P4 order. The petitioner has also submitted Ext.P7 representation before the 3^rd respondent to issue an order to Regional Passport Office, Thiruvananthapuram to release the passport of the petitioner for going to U.K. for work. The petitioner prays that this Court may direct the 2^nd and 3^rd respondents to consider and pass orders on Ext.P6 appeal and Ext.P7 representation respectively, after hearing the petitioner, within a time frame fixed by this Court.

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Heard the learned counsel for the petitioner and

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the learned Deputy Solicitor General of India representing the respondents.

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The petitioner's Passport has been impounded under Section 12 of the Passports Act, 1967 for traveling to Yemen in violation of Ext.P2 notification dated 26.09.2017. Due to the impounding of the Passport, the petitioner is

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W.P.(C) No.2188/2024

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: 5 :

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losing job opportunities in Gulf. Explaining the circumstances under which the petitioner has travelled to Yemen, the petitioner has submitted Ext.P7 representation to the Joint Secretary (Gulf), Ministry of External Affairs, Government of India. In the facts of the case, I am of the view that the 3^rd respondent-Joint Secretary can consider Ext.P7 representation submitted by the petitioner.

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The writ petition is therefore disposed of directing

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the 3^rd respondent to consider Ext.P7 representation and pass appropriate orders thereon within a period of one month from the date of receipt of a copy of this judgment.

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Sd/-

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N. NAGARESH JUDGE

W.P.(C) No.2188/2024

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APPENDIX OF WP(C) 2188/2024

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PETITIONER'S EXHIBITS:

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Exhibit P1	A COPY OF THE SEIZURE LETTER WITH NO. A2-199/2021/PRO/CHN/AP DATED 17.11.2021 IMPOUNDING THE PASSPORT
Exhibit P2	A COPY OF THE NOTIFICATION OF THE CENTRAL GOVERNMENT DATED 26.09.2017
Exhibit P3	A COPY OF THE LETTER NO.CNO/313773663/22 DATED 21.11.2022 AND WITH FILE NO.TV1070891221318 FROM REGIONAL PASSPORT OFFICE, TRIVANDRUM
Exhibit P4	A COPY OF THE LETTER WITH FILE NO.TV1070891221318 AND LETTER REF NO.
	IMP/314913013/23 DATED 26.05.2023 ALONG WITH ORDER DATED 26.05.2023 BY THE REGIONAL PASSPORT OFFICE
	TRIVANDRUM
Exhibit P5	A COPY OF THE LETTER WITH FILE
	NO.TV1070891221318 AND LETTER REF
	NO.REM/315640985/23 DATED 30.08.2023
	IS ISSUED BY THE REGIONAL PASSPORT
	OFFICE, TRIVANDRUM
Exhibit P6	A COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 27.10.2023
Exhibit P7	A COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT
	DATED 27.10.2023

Indrajith Rajesh, v. Union of India

Case brief

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Indrajith Rajesh, v. Union of India

Case brief

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