IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21255 of 2011(F) -------------------------- PETITIONER(S): --------------- RAGHAVAN SUSEELAN, AGED 62, S/O. RAGHAVAN, PULIMOOTTIL HOUSE, VAKKOM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI- 100 001. 2. THE EMIGRATION OFFICER, INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM- 695 025. 3. NISHA SUSEELAN, AGED 25, D/O. RAGHAVAN SUSEELAN, KANIYAPARAMBIL H0USE, MUKKU ROAD, KILIMANOOR.P.O, THIRUVANANTHAPURAM - 695 601. ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21255 of 2011 APPENDIX EXHIBIT EXT.P1- TRUE COPY OF THE RELEVANT PAGES OF PASSPORT NO. J 2944483 BY THE 3RD RESPONDENT (True copy) P.A. To Judge P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).21255/2011 .............................................. Dated this the 4th day of August, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). A writ of Mandamus or other appropriate writ, order, direction, directing the 1st respondent to suspend Passport No.J 2944483 held by the 3rd Respondent till the 3rd Respondent is certified by a medical board as of sound mind and understanding. (ii). A writ of Mandamus or other appropriate writ, order direction to the 2nd respondent to hold up the passport No.J 2944483 held by the 3rd respondent, if she tries to board any international flight from Thiruvananthapuram Airport and retain her at the airport with intimation to the petitioner. 2. Heard the learned ASG appearing for the respondents as well. 3. Quite strange pleadings have been set forth in this writ petition. The third respondent who is the daughter of the petitioner is stated as a 'mentally retarded person' and that she was living abroad earlier by virtue of the Indian Passport bearing No.J 2944483 dated 17.10.2010 which is valid till 28.9.2020 issued by the Indian Embassy, Dubai. (after cancelling the earlier passport), and further W.P.(C).21255/11 2 that the third respondent is now residing with her mother in the address given in the cause title, which however differs from the address of the petitioner. The third respondent, who is an unmarried woman aged 25, is stated as not capable of taking correct decision independently and that there is every possibility of her being eloped or setting a trap by some persons with vested interest, offering employment abroad or otherwise; which made the petitioner to approach this Court seeking for a direction to the second respondent to hold up the passport bearing No. J 2944483, if the third respondent tries to board any international flight from Thiruvananthapuram Airport and retain her at the Airport. Petitioner has also sought for a direction to be given to the first respondent to suspend the passport bearing No.J 2944483, held by the third respondent. 4. Despite hearing the learned counsel for the Petitioner at length, absolutely no provision of law to justify the relief sought for, is brought to the notice of this Court. That apart, no tangible material has been produced to sustain the mental condition of the W.P.(C).21255/11 3 third respondent. So also, when the petitioner alleges that the third respondent, (daughter) is mentally retarded, he has not chosen to bring her in the party array as represented through the guardian or the next friend, as the case may be. 5. In the above circumstances, this Court finds that there is absolutely no merit or bonafides in the writ petition. It is dismissed accordingly. P.R.RAMACHANDRA MENON, Judge mrcs