Disposed

Joseph Vadakkedathu Joy v. Union of India

Kerala HC23 Feb 2024WP(C)/2934/2018

Case brief

AI extract

What is this about?

Petitioner's passport application was closed as he was accused in two criminal cases. The Court directed that on filing a fresh application along with orders from the criminal courts permitting issuance, his case be considered in terms of Notification GSR-570(E) dated 25.08.1993.

What did the court decide?

Direction to respondents to consider petitioner's fresh passport application with court permission orders in terms of GSR-570(E).

Joseph Vadakkedathu Joy Vs Union of India — Writ and Judicial Review | 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 GOPINATH P.

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FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 2934 OF 2018

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PETITIONER/S:

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JOSEPH VADAKKEDATHU JOY, AGED 57 YEARS
S/O. CHACKO, VADAKKEDHATHU HOUSE, ATTAPPALLAM P.O,
KUMIL, IDUKKI DISTRICT - 685 509.
BY ADVS.
SRI.G.HARIHARAN
SMT.JINU ANTONY
SRI.PRAVEEN.H.
SRI.SHINE VARGHESE
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR

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RESPONDENT/S:

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1UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.2021,
'A’ WING,JAWAHARLAL NEHRU BHAWAN, 23 - D,
JANPATH, NEW DELHI - 110 011
REPRESENTED BY ITS SECRETARY.
2THE REGIONAL PASSPORT OFFICER
PANAMPILLY NAGAR P.O, COCHIN - 682 036.
BY ADV ASSISTANT SOLICITOR GENERAL

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SRI. S MANU (DSGI)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2934 OF 2018 2

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JUDGMENT

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Petitioner has approached this Court, being aggrieved by the fact that the application filed by the petitioner for issue of passport has been closed on the ground that he is accused in two criminal cases.

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Learned Deputy Solicitor General of India appearing for the respondents would submit that the case of the petitioner is governed by the terms of Notification No.GSR-570(E) dated 25.08.1993, which provides that, in the case of persons who are facing criminal proceedings, the application for issuance of passport can be processed only upon an applicant producing the orders from the criminal court/courts in question that a passport can be issued notwithstanding the pendency of that case.

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In the aforesaid circumstances, this writ petition will stand disposed of, directing that if the petitioner files a fresh application for issue of passport along with orders from the court/courts concerned, permitting the petitioner to apply for a passport, his case shall be considered in terms of GSR -570(E) dated 25.08.1993. The writ petition is disposed of accordingly.

Sd/-

GOPINATH P.

JUDGE

ajt

WP(C) NO. 2934 OF 2018 3

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APPENDIX OF WP(C) 2934/2018

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`PETITIONER EXHIBITS`
`EXHIBIT P1`	`TRUE COPY OF THE LETTER OF OFFER ISSUED BY` `THE CURTIN UNIVERSITY AT PERTH IN WESTERN` `AUSTRALIA ON 05.12.2017.`
`EXHIBIT P2`	`TRUE COPY OF THE APPLICATION MADE BY THE` `PETITIONER FOR THE ISSUANCE OF FRESH PASSPORT` `ON 23.08.2017 BEFORE THE 2ND RESPONDENT.`
`EXHIBIT P3`	`TRUE COPY OF THE COMMUNICATION DATED` `28.09.2017 SENT BY THE 2ND RESPONDENT` `REJECTING THE EXHIBIT P2 APPLICATION.`
`EXHIBIT P4`	`TRUE COPY OF THE FIR IN CONNECTION WITH S.T` `NO.795/2016 IN CRIME NO.726/2011 OF KUMILY` `POLICE STATION BEFORE THE GRAMA NYAYALAYAM,` `PEERMADE.`
`EXHIBIT P5`	`TRUE COPY OF THE FINAL REPORT FILED IN` `CONNECTION WITH C.C NO. 1423/2014 ON THE` `FILES OF JFCM COURT - II PEERMADE IN` `CONNECTION WITH CRIME NO 748/2011 OF PEERMADE` `POLICE STATION.`
`EXHIBIT P6`	`TRUE COPY OF THE NOTIFICATION NO.GSR - 570` `(E) DATED 25.08.1993 ISSUED BY THE 1ST` `RESPONDENT.`

Joseph Vadakkedathu Joy v. Union of India

Case brief

What is this about?

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Joseph Vadakkedathu Joy v. Union of India

Case brief

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