IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 38483 of 2010(I) --------------------------------- PETITIONER(S): -------------------- SAJNA SALI,D/O.K.S.MOHAMMED SALI, KODIVEEDU PARAMBU, ALISSERY WARD, ALLEPPY DISTRICT PRESENTLY RESIDING AT P.O.BOX.NO.2331,DUBAI,UAE REPRESETNED BY HER POWER OF ATTORNEY HOLDER, FAYAS SALI,25 YEARS,S/O.K.S.MOHAMMED SALI, KODIVEEDU PARAMBU, ALISSERY WARD, ALLEPPY DISTRICT BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------------- 1. THE GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY,MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110 001 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PASSPORT OFFICE BUILDINGS, PANAMPILLY NAGAR P.O.,COCHIN-682036 3. MALIKH MOHAMMED NAINNA, S/O.MOHAMMED NAINNA, RESIDING AT TC 49/25, FATIMA MANZIL, KAMELESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM R1 & 2 BY ADV. SRI.S.JAMAL, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 38483/2010(I) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF POWER OF ATTORNEY EXECUTED BY THE PETITIONER. P2: COPY OF MUBARAT DEED DATED 09/01/2008 EXECUTED BETWEEN THE PETITIONER AND THIRD RESPONDENT. P3: COPY OF MEMORANDUM OF SETTLEMENT EXECUTED BETWEEN THE PETITIONER AND THIRD RESPONDENT. P4: COPY OF AFFIDAVIT DATED 22/01/2008 EXECUTED BY THE THIRD RESPONDENT. P5: COPY OF NOTICE DATED 21/04/2010, ISSUED BY THE SECOND RESPONDENT TO THE PETIIONER. P6: COPY OF EXPLANATION DATED 21/05/2010 MADE ON BEHALF OF THE PETITIONER BY HER COUNSEL, K.NAJEEB, ADVOCATE. P7: COPY OF NOTICE DATED 22/09/2010 RESTORING THE PASSPORT OF THE MINOR CHILD OF THE PETITIONER. RESPONDENT'S EXHIBITS: R1: COPY OF THE COMPLAINT DATED 20/04/2010 OF THE 3RD RESPONDENT. R2: COPY OF THE LETTER DATED 22/09/2010 TO THE 3RD RESPONDENT. R3(a):COPY OF THE CERTIFICATE DATED 15/01/2009 ISSUED BY SHERISTHADAR, ADDL. CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES) ERNAKULAM. R3(b):COPY OF THE CERTIFICATE DATED 07/08/2009 ISSUED BY SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION. R4: COPY OF THE NOTICE NO.CHN/589/1/0049/08 DATED 30/09/2010. /TRUE COPY/ P.A. TO JUDGE svs ANTONY DOMINIC, J. ================ W.P.(C) NO. 38483 OF 2010 ===================== Dated this the 4th day of February, 2011 J U D G M E N T Petitioner is the divorced wife of the 3rd respondent. According to the petitioner, on making a proper application, she obtained passport for her minor child. Subsequently, Ext.P5 notice was issued by the 2nd respondent proposing to revoke the passport of the minor child. To that notice, petitioner submitted Ext.P6 explanation. Considering that explanation, 2nd respondent issued Ext.P7 order dated 22/9/2010 stating that the passport facilities has been restored to the petitioner's minor son. 2. In this writ petition, petitioner states that she intends to come to India with the minor child and that she apprehends that the 2nd respondent is taking unilateral steps for impounding the passport issued to the minor child. It is with this allegation, the writ petition was filed. 3. In the nature of the allegations raised, notice was issued to the respondents and in response thereto, 1st and 2nd respondent have filed a counter affidavit. Though notice to the 3rd respondent was served by affixture, there is no appearance on his WPC No. 38483/10 :2 : behalf. 4. Along with the counter affidavit, the 2nd respondent has produced as Ext.R4, order dated 30/9/2010, issued to the petitioner which reads as under: Please refer to our show cause letter dated 21.4.2010 and the reply filed by Advocate K.Najeeb on your behalf on the above subject. Shri Malik Mohammed Naina, F/o. Master Syed Mohammed has produced copy of FIR and Certificate from Addl.Chief Judicial Magistrate Court with reference to order dated 13.1.2010 in CMP 117/2010. Passport No.G 6499160 dated 28.12.2007 issued in favour of Master Syed Mohammed stands impounded vide DRIL No.17253910 dated 30.9.2010. 5. A perusal of this order shows that, by this order, which has been passed without issuing notice to the petitioner, the passport issued to the minor child stands impounded. It is also to be stated that this order has been issued acting upon Ext.P5 notice to which petitioner submitted her reply and Ext.P7 order was issued. In my view, an order like Ext.R4 could not have been passed by the 2nd respondent without atleast complying with the elementary principles of natural justice and issuing notice to the petitioner. 6. Therefore, I quash Ext.R4 and direct that, if at all the 2nd respondent intends to proceed afresh to impound the passport WPC No. 38483/10 :3 : issued to the minor child of the petitioner, it shall only be after issuing notice to the petitioner and after affording an opportunity of hearing to the petitioner or her representative in order to enable them to make their representations in the matter. With that liberty, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp