IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 7619 of 2010(B) -------------------------------- PETITIONER(S): --------------- VIGIMOLE VIJAYAN, AGED 41, W/O.VIJAYAN, "VIJAYAVILASAM", POTTANMOOZHI, LAHA P.O., PATHANAMTHITTA DISTRICT. BY ADVS. MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE PORT REGISTRATION OFFICER, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERI. 3. THE REGIONAL PASSPORT OFFICER, TRIVANDRUM. 4. D Y S P, CRIME DETACHMENT, ALUVA. 5. THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-3 MR. P.N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7619 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF SSLC CERTIFICATE RELEVANT PAGE ISSUED TO THE PETITIONER DTD. NIL. EXT.P2; COPY OF IDENTITY ISSUED BY THE ELECTION COMMISSION OF INDIA DTD 5.11.98. EXT.P3: COPY OF RATION CARD OF THE PETITIONER'S FAMILY DATED 24.12.08. EXT.P4; COPY OF PASSPORT IN THE NAME OF THE PETITIONER DATED NIL. EXT.P5: COPY OF TICKET IN THE NAME OF THE PETITIONER DTD 7.1.2010. EXT.P6: COPY OF COMMUNICATION OF R2 DATED NIL. EXT.P7; COPY OF REGULATIONS CONCERNING THE ECNR AND OTHER ISSUES DATED NIL RESPNDENT'S EXHIBITS EXT.R1: COPY OF RELEVANT PAGES OF THE PETITIONER'S PASSPORT SHOWING THE ENTRIES OF ECR STATUS. EXT.R2: COPY OF RELEVANT PAGES OF THE PETITIONER'S PASSPORT SHOWING THE ENTRIES OF ECNR ENDORSEMENT. EXT.R3: COPY OF FAX MESSAGE DTD 15.2.2010 OF PRO, COCHIN INTERNATIONAL AIRPORT. EXT.R4: COPY OF FAX MESSAGE RECEIVED FROM THE REGIONAL PASSPORT OFFICER, KOZHIKODE DATED 25.2.2010. EXT.R5: COPY OF THE LETTER SENT TO SHO NEDUMBASSERY DATED 26.2.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.7619 OF 2010 ------------------------------- Dated this the 23rd day of JUNE, 2010 J U D G M E N T This writ petition relates to seizure of the petitioner's passport. According to the petitioner, the petitioner's passport was seized on the ground that the petitioner's Emigration Clearance Not Required Status is suspected. According to the petitioner, since the petitioner has completed matriculation, she is not required to take emigration clearance. However, the second respondent has now filed a counter affidavit stating that a crime has been registered in respect of the matter and the same is pending before the appropriate criminal court. In view of the same, the petitioner's remedy lies in approaching the criminal court for appropriate reliefs. Without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd