IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30810 of 2011(A) --------------------------------------- PETITIONER(S): ------------------------ AJAY. K., AGED 31 YEARS, S/O.K. GOVINDAN KUTTY, "POURNAMI", KONOTH PARAMBA, P.O.NELLIKODE, CALICUT-673 572. BY ADV. SRI.P.S.SREEDHARAN PILLAI, SRI.SANDEEP T.K., SRI.ARJUN SREEDHAR. RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO-152, A-WING, SASTHRI BHAVAN, NEW DELHI-110 011. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME (G), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, ERANJIPALAM, BYEPASS ROAD, CALICUT, KERALA-673 006. 4. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, CALICUT-673 027. 5. ASSISTANT SUB INSPECTOR, RAILWAY PROTECTION FORCE, CALICUT RAILWAY STATION, CALICUT-673 002. R1, R3 & R5 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA. R2 & R4 BY GOVT. PLEADER SMT.M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30810 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: P1- TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY MUTHOOT CAPITAL SERVICES. P2- TRUE COPY OF THE CERTIFICATE DATED 14.11.2011 ISSUED BY ASSISTANT VICE PRESIDENT HUMAN RESOURCES OF MUTHOOT CAPITAL SERVICES COCHIN. P3- TRUE COPY OF THE PASSPORT APPLICATION (FORM NO.1) DATED 16.11.2011 P4- TRUE COPY OF THE AFFIDAVIT DATED 16.11.2011 ANNEXED ALONG WITH EXHIBIT P3. P5- TRUE COPY OF THE COMPLAINT DATED 03.12.2007 BY ASSISTANT SUB INSPECTOR RAILWAY PROTECTION FORCE CALICUT IN CRIME NO.1711/07 OF R.P.F.CALICUT. P6- TRUE COPY OF THE FIR DATED 16.06.2008 IN CRIME NO. 245/08 LODGED BY SUB INSPECTOR OF POLICE NALLALAM POLICE STATION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 30810 of 2011 A ``````````````````````````````````````````````````````````` Dated this the 18th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner made Ext.P3 application to the third respondent for the issuance of a passport under the 'Tatkal Scheme'. That application is returned by the third respondent with an endorsement as “Involved in criminal case. Permission from court required.” It is thereupon this writ petition has been filed. 2. It is submitted that the petitioner is an accused in C.C.No.255/2007 on the file of the Chief Judicial Magistrate Court, Kozhikode and in Crime No.245/2008 of Nallalam Police Station which case is lodged in the Judicial First Class Magistrate Court-V, Kozhikode. In view of the fact that he is an accused in criminal cases, he is ineligible for the issuance of passport as per Section 6(2)(f) of the Passports Act, 1967. However, as pointed out by this Court in Asok Kumar Vs. State of Kerala [2009 (2) KLT 712], in W.P.(C) No.30810/2011 : 2 : view of the Circular issued by the Union of India as per G.S.R.570(E) dated 25.08.1993, it is open to the petitioner to apply to the court concerned, seeking appropriate orders for the issuance of passport and if favourable orders are obtained, he can submit the same along with his application to the third respondent, who, thereupon, will be free to consider the application in accordance with law. In such circumstances, I dispose of this writ petition, leaving it open to the petitioner to make application to the aforesaid court, seeking permission as pointed out by this Court in the judgment noticed above. Having regard to the circumstances pointed out by the learned counsel for the petitioner, I direct that, if any such application is made, orders thereon will be passed by the learned Magistrate, as expeditiously as possible. It is also clarified that, in the event orders are obtained, it will be open to the petitioner to submit his application to the third respondent, who thereupon, will deal with the same in accordance with law. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/11