IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 4147 of 2009(R) ------------------------- PETITIONER(S): --------------- SHAJI R.NAIR, AGED 36 YEARS, S/O.T.R.RAVEENDRANATHAN NAIR, KUNNUVILAKATHU VEEDU, ANAYARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.RAVEENDRAN PILLAI SRI.INDIRA RAVEENDRAN RESPONDENT(S): --------------- THE PASSPORT OFFICER, PASSPORT OFFICE, SREENARAJANA BUILDING, KAITHAMUKKU, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.4147 OF 2009 ------------------------ Dated this the 11th day of March, 2009. JUDGMENT The grievance of the petitioner is regarding the refusal of the respondent to release his passport. 2. The petitioner is the holder of passport No.E 8722201. According to the petitioner he is the 4th accused in Crime No.116/03 of the Nemom Police Station. Despite the pendency of the crime, his passport was renewed by the authorities. It is stated that, subsequently, when the passport was submitted for ECNR stamping, the respondent retained it. When he made Ext.P1 representation to the respondent seeking release of the passport, that has been declined by Ext.P2 stating that in view of the fact that he is an accused in a criminal case, unless he obtained no objection from the court concerned, passport cannot be released. WP(c)No.4147/09 2 3. Government Pleader on instructions submits that when the passport was submitted for renewal, the same was renewed subject to verification. It is stated that subsequently, they got verification report, reporting about the petitioner's involvement in the crime which is now pending trail before the Addl. Sub Judge for Abkari Cases, Neyyattnkara as Session Case No.1130/07. It is stated that when his passport was submitted for ECNR stamping the same was retained in custody and the petitioner was informed that on producing the no objection from the court concerned, the same will be released. However the petitioner did not comply with the said direction. 4. Admittedly, in view of the provisions contained in Section 6(2)(f) of the Passports Act, a person who is an accused in Criminal Case is ineligible to be issued passport. As already noticed, when the petitioner got the passport renewed he was already an accused in Crime No.116/03 of the Nemom Police Station. If he had declared the same to the WP(c)No.4147/09 3 passport authorities, in view of the aforesaid statutory position, passport would not have been renewed. On the other hand the passport was renewed subject to verification. Therefore the passport was got renewed by the petitioner despite his involvement in the Criminal case. This being the position, I cannot find fault with the respondent in retaining the passport when the petitioner submitted the same for ECNR stamping. If that be so, the only course open to the petitioner is to obtain a no objection from the concerned court and apply to the respondent for releasing the passport. At present, in view of the ineligibility of the petitioner I am not prepared to issue directions to the respondent to released the passport. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c)No.4147/09 4