IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 28031 of 2011(D) ---------------------- PETITIONER : ---------------------- JOSEPH JUSA DECRUZ, S/O. JUSA DECRUZ, ZION, JUSA ROAD, AIRPORT JUNCTION, VALLAKADAVU.P.O THIRUVANANTHAPURAM, KERALA. BY ADVS. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001. 2. THE CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, PATTIALA HOUSE, THILAK MARG, NEW DELHI-110001. 3. THE PASSPORT OFFICER, PASSPORT OFFICE, SNSM BUILDING, KAITHAMUKKU, THIRUVANANTHAPURAM - 695 001. R1 TO R3 BY ADV. SRI. P. PARAMESWARAN NAIR, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28031 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF FRONT PAGE OF INDIAN PASSPORT NO.2322807 OF PETITIONER. EXT.P2 TRUE COPY OF THE NOTICE DT. 6-5-11 ISSUED BY THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE ORDER DT.16-6-11 PASSED BY THE 3RD RESPONDENT. EXT.P4 TRUE COPY OF THE APPEAL ON 3/8/11 SUBMITTED BY PETITIONER. EXT.P5 TRUE COPY OF THE REPRESENTATION DRAFT SUBMITTED FOR THE FEE OF APPEAL. EXT.P6 TRUE COPY OF DEMAND DRAFT SUBMITTED FOR THE FEE OF APPEAL. EXT.P7 TRUE COPY OF FIR OF CRIME NO.289/09 VALIYATHURA POLICE STATION. EXT.P8 TRUE COPY OF FIR IN 429/09 OF VALIYATHURE POLICE STATION. EXT.P9 TRUE COPY OF FIR IN CRIME NO.368/09 OF KARAMANA POLICE STATION. EXT.P10 TRUE COPY OF FIR IN CRIME NO.533/09 OF VALIYATHURE POLICE STATION. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28031 of 2011 D ``````````````````````````````````````````````````````````` Dated this the 21st day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was the holder of passport No.2322807, copy of which is Ext.P1. He was issued Ext.P2 show cause notice for impounding the passport and finally, by Ext.P3 order dated 16.06.2011, the passport was impounded. Aggrieved by Ext.P3, though belatedly, petitioner filed Ext.P4 appeal before the second respondent in August, 2011. In this writ petition, what is sought for is an order for the disposal of the appeal. 2. Learned Standing Counsel for the respondents points out that the appeal is a belated one and the appeal should have been filed within fifteen days of receipt of Ext.P3. 3. Though counsel is justified in his submission that the appeal is belatedly filed, still fact remains that, by virtue of Section 11(2) of the Passports Act, 1967, since the W.P.(C) No.28031/2011 : 2 : appellate authority has the power to condone the delay and entertain even belated appeals, without expressing anything on the merits of the case, I direct the second respondent to consider and pass orders on Ext.P3 appeal, as expeditiously as possible and at any rate, within three months from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/21/10 // True Copy // P.A. To Judge