IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 18083 of 2010(I) -------------------------- PETITIONER(S): --------------- EDAKKADAN KALATHIL MUHAMOOD, AGED 25 YEARS, S/O.YACOB EDAKKADAN KALATHIL, KALATHIL HOUSE, VILAYIL P.O., PARAPUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. 2. THE PASSPORT OFFICER, MALAPPURAM. 3. S.I. OF POLICE (IMMIGRATION WING), CALICUT AIRPORT. ADV. SHRI.GEORGE ZACHARIA, CGC FOR R1 TO 3 GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.18083 of 2010 ================== Dated this the 24th day of June, 2010 J U D G M E N T The petitioner's grievance in this writ petition is that the Passport Officer is not releasing the passport seized from the petitioner, which, according to the petitioner, is against Section 10(5) of the Passports Act. Admittedly, in respect of that passport, a criminal case is pending. That being so, the remedy of the petitioner lies in approaching the criminal court, where the case is pending, for appropriate orders regarding release of the passport. In the above circumstances, the learned counsel for the petitioner seeks permission to withdraw the writ petition without prejudice to the right of the petitioner to approach the criminal court for appropriate reliefs. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge