IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 206 of 2010(A) ------------------------------------- PETITIONER(S): ------------------------ ATHENA TRAVELS (INDIA) PVT. LTD., 39/3548, RUKHIYABAGH, M.G. ROAD, RAVIPURAM, COCHIN - 682 016, REPRESENTED BY MANAGING DIRECTOR - MARIAMMA JOSE. BY ADVS. MR.K.I.MAYANKUTTY MATHER, MR.P.P.RAMACHANDRAN. RESPONDENT(S): ----------------------------- 1. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PASSPORT OFFICE BUILDINGS, PANAMPILLY NAGAR.P.O, KOCHI - 36. 2. CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI R1 & R2 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.206/2010 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DTD. 23/10/2009. P2: COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DTD. 4/12/2009. P3: COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 7/12/2009. P4: COPY OF THE WRITTEN EXPLANATION GIVEN BY MR. JOY TO THE 1ST RESPONDENT DTD. 7/12/2009. P5: COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 9/12/2009. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DTD. 7/12/2009. P7: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DTD. 15/12/2009. P8: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 16/12/2009. P9: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IG OF POLICE (INTELLIGENCE), THIRUVANANTHAPURAM. P10: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD.1/2/2010. P11: COPY OF THE REPORT OF THE DEPUTY COMMISSIONER OF POLICE, KOCHI CITY DTD. 16/01/2010. P12: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE INFORMATION OFFICER DTD. 14/01/2010. P12(A):COPY OF THE REPLY GIVEN BY THE INFORMATION OFFICER DTD. 2/2/2010. P12: I.A.NO.2036/2010:- COPY OF THE RECEIPT PRODUCED BY SHIJOMON SADANANDAN BEFORE THE REGIONAL PASSPORT OFFICE DTD.23/10/09. P12(A):I.A.NO.2036/2010: COPY OF THE COVERING LETTER GIVEN BY SHIJOMON SADANANDAN BEFORE THE REGIONAL PASSPORT OFFICE DTD. 4/12/09. Kss ..2/- ..2... WPC.NO.206/2010 A P13: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE APPLICANT DTD. 11/06/2008. P13(A):COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE APPLICANT DTD. 5/08/2008. P14: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(I): COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. Kss ..3/- ..3... WPC.NO.206/2010 A P14(M):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(N):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(O):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(P):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P14(Q):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JUNE 2008 DTD. NIL. P15: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. Kss ..4/- ..4... WPC.NO.206/2010 A P15(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(M):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(N):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(O):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P15(P):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JULY 2008 DTD. NIL. P16: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. Kss ...5/- ...5..... WPC.NO.206/2010 A P16(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(M):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(N):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(O):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(P):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P16(Q):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF AUGUST 2008 DTD. NIL. P17: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. Kss ..6/- ..6.... WPC.NO.206/2010 A P17(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P17(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF SEPTEMBER, 2008 DTD. NIL. P18: COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(A):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(B):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. Kss ..7/- ..7... WPC.NO.206/2010 A P18(C):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(D):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(E):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(F):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(G):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(H):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P18(I):COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT FOR THE MONTH OF OCTOBER, 2008 DTD. NIL. P19: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. Kss ..8/- ...8.... WPC.NO.206/2010 A P19(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(M):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P19(N):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF NOVEMBER, 2008 DTD. NIL. P20: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. Kss ..9/- ...9..... WPC.NO.206/2010 A P20(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P20(M):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF DECEMBER, 2008 DTD. NIL. P21: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. Kss ..10/- ..10... WPC.NO.206/2010 A P21(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P21(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF JANUARY, 2009 DTD. NIL. P22: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P22(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF FEBRUARY, 2009 DTD. NIL. P23: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. Kss ..11/- ..11.... WPC.NO.206/2010 A P23(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(M):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(N):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(O):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(P):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P23(Q):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. Kss ..12/- ...12.... WPC.NO.206/2010 A P23(R):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF MARCH, 2009 DTD. NIL. P24: COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(A):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(B):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(C):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(D):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(E):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(F):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(G):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(H):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(I):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(J):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(K):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. P24(L):COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE MONTH OF APRIL, 2009 DTD. NIL. Kss ..13/- ...13..... WPC.NO.206/2010 A P25: COPY OF THE FORMAT OF THE COVERING LETTER ACCOMPANY THE PASSPORT APPLICATION DTD. NIL. P25(A): COPY OF THE FORMAT OF THE DECLARATION ACCOMPANYING THE PASSPORT APPLICATION DTD.NIL. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE DECLARATION GIVEN BY THE TRAVEL AGENT. R1(B): COPY OF THE APPLICATION RECEIVED BY THE TRAVEL AGENT FROM A SUB AGENT NAMELY SHRI.V.P.JOY, WHO HAS GIVEN A LETTER. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.206 OF 2010 ------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT 1.The petitioner is a travel agent recognised by the competent authority and hence authorised to deal with the passport office. It submitted an application for renewal of a passport of one Shijomon Sadanandan. Later, for some reason, Shijomon Sadanandan directly required the passport authority to issue the old passport. For that purpose, he produced certain material which was found to be a forged one, according to the passport office. 2.Following an earlier interim order, the Superintendent of the passport office is present. He rightly points out that what Shijomon produced before the passport office was a receipt originally issued in the name of another person as discernible on deciphering the bar code of that receipt. However, the said receipt shows the name of Shijomon engrossed on it. The WPC.206/10. 2 petitioner has produced a copy of that document as obtained from the passport office under the Right to Information Act. The petitioner cannot, therefore, be attributed with custody of that document otherwise. 3.The allegation against the petitioner is that Shijomon initially contacted another travel agency by name 'Reliable Travel Agency', which is not a recognised one and that agency, in turn, introduced Shijomon to the petitioner through one Joy of Chottanikkara. The Regional Passport Officer, therefore, took the view that it is a case where the petitioner, an authorised agency, is dealing with an unauthorised agent, viz., Reliable Travel Agency. On facts and circumstances, though it may not be wholly unjustified on the part of the passport office to have taken such a view, it could also be a case where the said person had introduced Shijomon to the petitioner because even in the earliest among the documents, the petitioner had categorically stated that Shijomon went over to the office of the petitioner, signed documents in the presence of its WPC.206/10. 3 Manager and the documents of Shijomon were presented to the passport office from the petitioner's office. This is noted in the context that the Deputy Commissioner of Police, Kochi City entertained a complaint from the petitioner's Managing Director. The fact that she herself went to the police tends to indicate that she had at least bonafide case to state to the police, unless of course it was a concerted attempt to camouflage what could have been gross illegality. But the Deputy Commissioner of Police, after due enquiry, has issued Ext.P11, which tends to point the accusing fingers at Shijomon and others, at any rate stating that the Managing Director of the petitioner company is not at fault. 4.With the aforesaid, it needs to be noticed that as per Ext.P10, the competent authority has rejected the appeal of the petitioner and has thus imposed suspension for six months which is the maximum permissible in terms of paragraph 15(d) of the Consolidated Administrative Criteria for Travel Agencies, 1991. The said provision, as referred to in WPC.206/10. 4 paragraph 7 of Ext.P10, shows that the competent authority has power to suspend the dealings with a recognised travel agency for six months for offences like unauthorised entry in passports, submission of outstation cases, overcharging or dealings with unauthorised agents, delay in delivery of passport to applicants, delivery of passport to third party etc. When all these wrongs are brought under a single canopy empowering the authority to suspend the transaction for a maximum period of six months, it is still left to the wisdom of the authority to choose the length of the period of suspension depending upon the gravity of the allegations or the wrongs found. It is a matter of record, even going by the statement of the respondents, that suspension of transactions were imposed only for a period of 10 days or so even in cases where there are allegations of manipulations relating to photographs, signatures etc. Having regard to the totality of the facts and circumstances, I deem it appropriate that the petitioner who has, by now, WPC.206/10. 5 suffered suspension for more than three months, has been effectively penalised, in fact a little more than what would have been due. Under such circumstances, it is ordered that the impugned order will stand discharged from today and the petitioner will be entitled to operate his travel agency from tomorrow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.07/04.