IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 25605 of 2007(W) ------------------------------------------ PETITIONER: ------------------- SIDHEEK,S/O.ALAVI,PALLATH HOUSE, P.O KUMARAMPUTHUR,MANNARGHAT,PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------------------- 1. UNION OF INDIA,REP.BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,NEW DELHI. 2. THE PASSPORT OFFICER,PASSPORT OFFICE, MALAPPURAM. BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25605/2007 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF THE PASSPORT. EXT.P2: COPY OF THE RECEIPT DTD. 15/06/2007. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 25605 OF 2007 W = = = = = = = = = = = = = = = = Dated this the 17th January, 2008 J U D G M E N T The petitioner had applied for renewal of his passport and that has not been allowed. This writ petition has been filed praying for a direction to the 2nd respondent to renew the passport of the petitioner. 2. Learned counsel for the respondents submits that in view of the pendency of the criminal case filed against the petitioner, it is not permissible to renew his passport. Since it is not in dispute that the petitioner is an accused in a criminal case, in view of the provisions contained in Section 6(2)(f) of the Passport Act, the stand of the respondents is only to be upheld. However, the only remedy that is available to the petitioner is to approach the court concerned where the criminal case is pending and obtain sanction from that court. Once such sanction is obtained, it is permissible for the passport authority to consider the application made for renewal of W.P.(C) No. 25605 OF 2007 -2- the passport. 3. Accordingly, the writ petition is disposed of directing that it will be open to the petitioner to make application to the court concerned and it is for that court to pass appropriate orders. On the strength of such order, it will be open to the petitioner to move the passport authority who shall consider his application for renewal of passport. ANTONY DOMINIC JUDGE jan/-