IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WA.No. 39 of 2010 ----------------------------- AGAINST JUDGMENT IN WPC NO. 28824/2009 DATED 1.12.2009 ........ APPELLANT/PETITIONER ------------------------------------ ABDULLA KOMATT CHALIL, S/O. ABOOBACKER MUSALIYAR, KIZHAKKE MODONGAL, P.O. KURUVATTOOR, VIA KAKKOOR, KOZHIKODE DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, CHEVAYUR, KOZHIKODE DISTRICT. 4. THE SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT, KASARAGOD. R1 BY SRI.T.P.M.IBRAHIM KHAN, ASST.SOLICITOR GENERAL R2 TO R4 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A. No.39 of 2010 ------------------------------------------ Dated this the 11th day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge dated 1st December, 2009 in W.P.(C) No.28824 of 2009, dismissing the writ petition, the present writ appeal is filed. 2. The writ petitioner who had sought for issuance of a passport in the year 2008 had produced along with his application Exts.P3 to P5 certificates showing that he is an Indian citizen, he is a resident of Kuruvattor Village in Kozhikode District and he is not involved in any crime. However, on verification it was noticed that there was one complaint in Crime No.180 of 2008 of W.A. No.39 of 2010 2 Manjeswaram Police Station under Sections 420 and 460 of the Indian Penal Code pending against the appellant. Accordingly, as there is a criminal case pending, the application of the appellant/petitioner is kept pending enquiry indefinitely. This action of the Passport authority has been challenged before this Court. 3. The learned Single Judge noting the endorsement on the police verification report that the appellant is staying in different places of India for short terms and is not willing to furnish the details about it and as there is a criminal case pending against him, thought it fit not to exercise the jurisdiction under Article 226 of the Constitution of India. The learned Judge even after considering the entire matter found that there is nothing wrong also in the Passport authority keeping the matter pending. In fact, the learned Single Judge has directed that, W.A. No.39 of 2010 3 if so advised, the appellant should approach the competent criminal court and get the matter clarified. 4. We do not see any illegality or impropriety either in the order passed by the Passport authority or by the learned Single Judge. Hence we find the writ appeal as devoid of merits and it is accordingly dismissed. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns/vgs