IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 30831 of 2008(U) -------------------------- PETITIONER(S): --------------- RAJESH.T.S, S/O.SIVARAMAN, CHERUVALLIYIL HOUSE, (AJAY BHAVAN),ANIKKAD WEST.P.O,PALLICKATHODU, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. P.A.MUHAMMAD ALI, MANAGING PARTNER, RAY'S TRAVEL BUREAU, ROHINI BUILDING,OPP.HDFC BANK BUILDING, RAVIPURAM JUNCTION, M.G.ROAD, COCHIN. 2. THE REGIONAL PASSPORT OFFICER,PASSPORT OFFICE, ERNAKULAM. 3. THE PROTECTOR OF EMIGRANTS, 3RD FLOOR, PUTHERICKAL BUILDING, MARKET ROAD, COCHIN. ADV. SRI.T.RAVIKUMAR FOR R1 ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30831/2008 -------------------- Dated this the 13th day of November, 2008 JUDGMENT Petitioner seeks a direction to respondents 2 and 3 to take action against the first respondent, by way of retrieving the petitioner’s passport. Petitioner had made an application before the third respondent for getting back his passport on the premise that the third respondent has an obligation in this regard under the Emigration Act. Though the maintainability of such a request was clearly doubtful, notice on admission was issued to the first respondent as well. First respondent has filed a counter affidavit, where reference is made to certain disputes between the petitioner and the first respondent inter alia involving a request by the petitioner for obtaining a visa and claim made by the first respondent in turn for the amounts allegedly expended by the first respondent for the benefit of the petitioner. There is a suit now instituted by the first respondent before the Munsiffs Court, Aluva, against the petitioner herein, as O.S.402/2007 and the W.P.(C).30831/2008 2 petitioner’s passport is deposited with the Munsiffs Court. In my view, petitioner can very well approach the Civil Court for return of the passport and it is upto the said Court to take appropriate action thereon. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs