IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 6437 of 2011(D) ------------------------- PETITIONER: ------------------ HARIPRASAD,AGED 25 YEARS, S/O.VELAYUDHAN, CHULLIPARAMBIL HOUSE, ANCHERY P.O.,THRISSUR BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): ------------------------- 1. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE PASSPORT OFFICE BUILDING, PANAMPILLY NAGAR .P.O, PIN-682036, COCHIN 2. STATE OF KERALA, REP.BY GOVERNMENT PLEADER,HIGH COURT OF KERALA ERNAKULAM R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.6437 OF 2011 -------------------------------- Dated this the 9th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ order or direction in the nature of a writ of mandamus commanding the respondents to permit the petitioner to go to Malasia and Singapore from 12th March to 20th March, 2011 as part of his MBA programme. ii) Issue a writ order or direction in the nature of a writ of mandamus commanding the 1st respondent to keep all further proceedings in abeyance pursuant to Ext.P2 till 22.02.2011. iii) Issue such other writ order or direction which this Hon'ble Court deems fit to grant to the facts and circumstances of the case. 2. The learned standing counsel appearing for the respondents submits on instruction that the passport was issued to the petitioner subject to police verification and on getting the report from the police, it was revealed that a criminal case was pending against him, involving offences under the Explosive Substances Act and other offences under the Indian Penal Code. It was under the said circumstance that Ext.P2 was issued, asking the petitioner to surrender the passport. W.P.(C) No.6437/2011 - 2 - 3. Learned counsel for the petitioner submits that the petitioner is doing second year MBA at Coimbatore and that, as part of the study, he wants to visit Malasia and Singapore from 12-03- 2011 to 20-03-2011. It is further stated that the petitioner is ready to surrender the passport, after the said visit. 4. After hearing both the sides, this Court finds that the offences alleged against the petitioner are quite serious and this Court does not find any reason to stall the action that is being pursued by the second respondent. The existence of a criminal case is very much a deciding factor with regard to issuance of passport as given under Section 6(2)(f) of the Passport Act. 5. In the above circumstances, this Court does not find it as a fit case to exercise the discretionary jurisdiction of this Court. There is no merit in this Writ Petition. It is dismissed accordingly. P.R.RAMACHANDRA MENON JUDGE vdv