IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WA.No. 637 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.3406/2008 Dated 17/02/2009 .................... APPELLANT/PETITIONER ------------------------------------ BHASI SURESH KUMAR @ SATHEESAN JANAKI, QUSASIA DEIRA, DUBAI, REP. BY HIS POWER OF ATTORNEY HOLDER AND FATHER SHRI BHASI, AGED 67 YEARS, S/O.MADHAVAN, R/AT.KOZHYOTTU MADAM, KOONTHALLOOR VILLAGE, CHIRAYINKEEZHU POST, THIRUVANANTHAPURAM. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 2. CONSUL (PPT), CONSULATE GENERAL OF INDIA, DUBAI (UAE), P.B.NO.737. 3. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PASSEM, THIRUVANANTHAPURAM. 4. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM. ADV. SRI.TOJAN J.VATHIKULAM, ADDL.CGSC FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 637 of 2008 & I.A.No.240 of 2009 ------------------------------------------ Dated, this the 30th day of March, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. He approached this Court for a direction to the first respondent to consider his application for renewal of the passport expeditiously. The writ petition was dismissed. Apparently the writ petitioner was ill- advised in moving this Court under Article 226 of the Constitution, since without getting the permission from the criminal court where the criminal cases are pending, the petitioner cannot ordinarily expect to get a direction from this Court. Faced with such a situation, counsel for the writ petitioner seeks permission to withdraw the writ petition itself with liberty to move the criminal court. W.A. No. 637 of 2009 - 2 - 2. Accordingly we dispose of the writ appeal permitting the writ petitioner to withdraw the writ petition itself. Hence W.P. (C) No.3406 of 2008 is dismissed as withdrawn. Needless to say that the judgment under appeal is set aside since it has become unnecessary. By way of abundant caution, we make it clear that we have not adverted to the various contentions taken by the appellant and those contentions are left open to be adjudicated before appropriate forum. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns