IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 5590 of 2011(W) ------------------------- PETITIONER: --------------- JOJO THOMAS, S/O.JOY, KATUPURATHU VEEDU KATTUKARA MURI, THIRUVALLA. BY ADV. MR. S.SANAL KUMAR MS. MBHAVANA VELAYUDHAN RESPONDENTS: --------------- 1. THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE PANAMPILLY NAGAR, ERNAKULAM 682 016. 2. THE UNION OF INDIA REPRESENTED BY SECRETARY TO EXTERNAL AFFAIRS, CENTRAL MINISTRY, NEW DELHI 110001. 3. THE SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION, PATHANAMTHITTA 689 101. R1 AND R2 BY ADV. MR. PARAMESWARAN NAIR, ,ASST.S.G OF INDI MS. JISHAMOL CLEETUS, CGC R3 BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 5590 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of March, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to issue passport to the petitioner on production of order from the Judicial First Class Magistrate Court, Thiruvalla as per Ext. P5 notification. ii. Issue such other writ, order or direction which this Hon'ble Court deems fit in the nature and circumstances of the case. 2. The learned counsel for the petitioner submits that, the request of the petitioner to issue the passport is not being considered by the first respondent referring to criminal case pending as S.T. No. 1376 of 2008 before the Judicial First Class Magistrate's Court, Thiruvalla. 3. The case of the petitioner is that, though Section 6 (2) (f) of the Pass Port Act enables the first respondent to refuse application for issuance or renewal of passport when the criminal case is pending, by virtue of powers conferred under Section 22 (a) of the Act, the Government of India has issued a notification, as borne by Ext. P5, whereby it is open for the concerned Court to give clearance, so as to produce the same W.P. (C) No. 5590 of 2011 2 before the Passport Authority, enabling them to issue or renew the passport accordingly. 4. Earlier, the petitioner has approached this Court by filing O.P. (Crl. ) No. 1144 of 2010, seeking for speedy disposal of the criminal case pending before the above Magistrate's Court. The said case culminated in Ext. P4 judgment. After taking note of the version obtained from the concerned Magistrate through the Registry, as to the work load and the time requirement, the said original petition was disposed of, directing the matter be finalized at the earliest. The learned counsel for the petitioner submits that, in view of the enabling provision, as borne by Ext. P5 and also in view of the judgment of this Court dated 20th July, 2009 in W.P.(C) No. 20278 of 2009 enabling such exercise, this matter may also be disposed of in similar lines. 5. Heard the learned standing counsel appearing for the respondents as well. In view of the stand already taken by this Court in W.P.(C) No. 20278 of 2009, this Court does not find any reason to take a different view. Accordingly, this Writ Petition is disposed of with liberty to the petitioner to move the concerned Magistrate's Court seeking appropriate relief/clearance. On getting such order of clearance, the same shall be produced before the first respondent, on which event, the first respondent W.P. (C) No. 5590 of 2011 3 shall consider the application preferred by the petitioner for issuance of passport in accordance with law, as expeditiously as possible, at any rate, within six weeks. P. R. RAMACHANDRA MENON, JUDGE kmd W.P. (C) No. 5590 of 2011 4