IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 3880 of 2010(H) ----------------------- PETITIONER : ------------------ THARUPEEDIKAYIL SAYED MOHAMED, AGED 44 YEARS, S/O. MOHAMED BASHEER, THARUPEEDIKAYIL HOUSE, KONATHUKUNNU. P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680123, KERALA STATE. BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S): ------------------------ 1. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN-682036. 2. THE SENIOR IMMIGRATION OFFICER, BUREAU OF IMMIGRATION, C.S.I.AIRPORT, MUMBAI-99. R1 BY ADV. SRI. T.P.M. IBRAHIM KHAN, ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...2/- WP(C).No. 3880 of 2010(H) -2- APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE PASSPORT WITH VISA DETAILS OF THE PASSPORT BEARING NO. E 5926383 ISSUED TO THE PETITIONER. EXT. P2 : COPY OF THE IMPOUNDING SLIP ISSUED TO THE PETITIONER ON 31.12.2009 BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.3880 Of 2010 H ----------------------------------------------------- DATED THIS THE 28th DAY OF SEPTEMBER, 2010 JUDGMENT The petitioner seeks for an appropriate direction to the respondents to return the passport of the petitioner bearing No.E.5926383 forthwith, for enabling the petitioner to go abroad. 2. The petitioner is a permanent resident in the address shown in the Writ Petition, in Thrissur District and is a driver by profession. It is stated that the petitioner was issued a passport by the 1st respondent bearing No.E.5926383. As he was working in Riyad in Saudi Arabia, on expiry of the term of passport, it was renewed and accordingly, he was issued fresh passport from the Embassy of India in Riyad. 3. The petitioner came back to India and he applied for a fresh visa to return to Saudi Arabia. On 30.12.2009, the passport was stamped with fresh visa, valid for 90 days. He went to Mumbai for boarding flight on 31.12.2009 and on that day, the 2nd respondent impounded the passport of the petitioner and issued passport impounding slip, produced as Exhibit P2 herein. Exhibit P1 is the true copy of the passport with the visa details. W.P.(C)No.3880/10 -2- 4. It is the case of the petitioner that he was directed to appear before the 1st respondent for getting back the passport. Even though the petitioner approached the 1st respondent on several days, nothing fruitful was done. As all efforts were in vain, he has filed this Writ Petition seeking directions against respondents 1 and 2. 5. In the statement filed on behalf of the 1st respondent, it is pointed out that the Passport Information Services on Net (PISON) could not trace any records pertaining to the issue of the petitioner's passport. Normally, if impounded at the Airport, the passport has to be forwarded to the respective Officer under whose jurisdiction, the holder is residing. 6. In the statement filed on behalf of the 2nd respondent, it is mentioned that the 2nd respondent has received Lost Passport Circular No.RIY/CW/413/07 dated 25.9.2007 from the Embassy of India, Riyadh informing about the loss of Passport No.E.5926383 issued on 25.8.2003 at Riyadh to the petitioner with directions to the 2nd respondent that “If the passport is presented for any purpose/service, the same may be seized and forwarded to the concerned passport issuing authority”. W.P.(C)No.3880/10 -3- 7. In paragraph No.4 it is further pointed out that on 31.12.2009, the petitioner holding passport No.E.5926383 was intercepted at CSI Airport, Mumbai, while intending to depart to Riyadh by Flight No.SV-745. As per the instructions of the Embassy of India, Riyadh, his passport was impounded and sent to the Director, PV-I Section, CPV Division, Ministry of External Affairs, Patiala House, Annex-9, New Delhi, who is not a respondent herein. 8. It is the contention of the petitioner that he never lost the passport and therefore there was no occasion for informing about the loss of passport. It is evident from the statement filed on behalf of the 1st respondent that they could not trace the records pertaining to the issue of passport No.E.5926383 at Riyadh. 9. Now that the passport is with the Director, PV-I Section, CPV Division, Ministry of External Affairs, New Delhi, it is upto the petitioner to move the Director, for redressing his grievance. The matter has gone out of the purview of respondents 1 and 2 herein. Therefore, without prejudice to the right of the petitioner to approach the Director, PV-I Section, CPV W.P.(C)No.3880/10 -4- Division, Ministry of External Affairs, New Delhi, this Writ Petition is disposed of. The petitioner may file appropriate representation along with a copy of this judgment to the said Director, which will be duly considered and appropriate reply will be given to the petitioner, in accordance with law. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn