IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 37651 of 2009(B) -------------------------- PETITIONERS: --------------- MAJEED PARAMBATH, KOKKAPARAMBIL HOUSE, MANJAVARI, VANIAMPARA P.O., TRICHUR-680 652. BY ADV. SMT.K.SUNITHA VINOD RESPONDENTS: --------------- 1. THE CHIEF PASSPORT OFFICER MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE ANNEXE TILAG MARG, NEW DELHI-110001. 2. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE BUILDING, PANAMPILLY NAGAR P.O. KOCHI. 3. PORT REGISTRATION OFFICER KOCHI INTERNATIONAL AIRPORT, NEDUMBASSERY, KOCHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-2 ASST.SOLICITOR GENERAL SRI.T.P.M.IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.37651 of 2009 ------------------------------------------------ Dated this the 13th day of January, 2010 JUDGMENT The petitioner herein is the holder of a Passport No.G 3068856 dated 1/6/2007. The validity of the same is from 1/6/2007 to 31/5/2017. The employment was obtained through an overseas employment recruitment agent cum travel agent. The petitioner returned to Kochi on 20/7/2009 and on his return, the passport was seized by the Passport Authorities in the airport alleging that there is an alteration regarding the date of birth of petitioner in the passport. The petitioner pleaded ignorance of any alteration. Subsequently he was issued Ext.P2 letter and thereafter the second respondent, stating that the explanation regarding the tampering of the date of birth is not satisfactory, issued an order No.CP 00096/09 dated 23/9/09 intimating that it has been decided to impound/revoke the passport of the petitioner under Section 10(3) of the Passport Act, 1967. Challenging the same, an appeal was filed as Ext.P5 before the first respondent. Aggrieved by the delay in the W.P.(C)No.37651 of 2009 2 matter of the disposal of the appeal, this writ petition happened to be filed. 2. This court passed an interim order dated 4/1/2010 directing the appeal to be heard on 8/1/2010. 3. The learned counsel for the petitioner submits that pursuant to the direction given by this court on 4/1/2010 an interim order was passed in the appeal on 11/1/2010. The operative portion of the order reads as follows:- Having gone through all the records and in the light of full facts and circumstances of the case, I decide as under:- (i) PO's decision to impound/revoke the passport is reiterated. (ii) Appellant's application for passport with correct particulars will be considered by the PO as a fresh case subject to usual checks and procedure, after a payment of fine of Rs.10,000/- (Rupees Ten thousand only) is remitted by the appellant at the PO. (iii) The appeal is allowed. 4. In the light of the above, there will be a direction that on the petitioner filing an application along with payment of an amount of Rs.10,000/- appropriate action will be taken by the W.P.(C)No.37651 of 2009 3 second respondent within a period of 10 days thereafter, in terms of the direction passed in appeal. The writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE skj