IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 17228 of 2011(C) -------------------------- PETITIONER(S): --------------- XAVI MANO MATHEW, S/O. JOHN MATHEW, PANACHIKKAD HOUSE, D-10,TAGORE NAGAR, VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM. PIN-695014. BY ADV. SRI.ANTONY C. ETTUKETTIL RESPONDENT(S): --------------- 1. THE PASSPORT OFFICER, PASSPORT OFFICE, THIRUVANANTHAPURAM. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS DEPARTMENT, NEW DELHI. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.T.SANJAY, CGC FOR R1 &2 GP SRI.M.H. HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17228 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE RELEVANT PAGES OF PASSPORT NO.H-1439292 EXT.P2- TRUE COPY OF THE APPLICATION DATED 10.2.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P3- TRUE COPY OF THE REFER CHARGE DATED 1.6.2000 SUBMITTED BY THE ASSISTANT COMMISSIONER OF POLICE EXT.P4- TRUE COPY OF THE PRIVATE COMPLAINT BY THE CJM COURT, THIRUVANANTHAPURAM EXT.P5- TRUE COPY OF THE FIR IN CRIME NO.37 OF 2011 EXT.P6- TRUE COPY OF THE INTERIM ORDER DATED 4.3.2011 IN W.P.(C).27821 OF 2007 EXT.P7- TRUE COPY OF THE INTERIM ORDER DATED 4.10.2007 IN W.P.(C). 27821 OF 2007 EXT.P8- TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).17228/2011 .............................................. Dated this the 22nd day of July, 2011 JUDGMENT Petitioner holds an Indian Passport and he made application for additional passport booklet. However, the additional booklet was not issued despite the lapse of four months. It is therefore, the writ petition was filed seeking a direction to the first respondent for the issuance of additional booklet for Ext.P1 passport. 2. Statement has been filed on behalf of respondents 1 and 2. The stand taken by the respondents is that in the police report obtained, it is indicated that various criminal cases are pending against the petitioner and that the petitioner was not a resident of the address shown in the application. 3. In so far as the address of the petitioner is concerned, explanation of the petitioner is that he was not residing in the address shown in the application, for a short period and that the objection has no merit. In any case, as far as that issue is concerned, it is open to the petitioner to give his explanation to the first respondent and if the W.P.(C).17228/11 2 first respondent is satisfied with the explanation, he will be free to act upon the same. 4. In so far as the criminal cases are concerned, the fact that criminal cases are pending is not a matter of dispute. If that be so, going by the terms of Section 6(2)(f) of the Passports Act, passport authority cannot be faulted, if passport is not issued. However, as indicated by this Court in Ashok Kumar v. State of Kerala (2009 (2) KLT 712), it is open to the petitioner to apply to the Court before which the said FIR/Criminal case is pending and seek orders enabling the petitioner to obtain additional passport booklet. It is directed that if the petitioner obtains such orders from the Court concerned, petitioner will be free to produce such orders before the first respondent, in which event, the first respondent will process the the application of the petitioner in the light of the Court order so produced. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs