IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 32336 of 2009(J) -------------------------- PETITIONER(S): --------------- MOHAMMED ALI BEEVIUMMA, S/O.MOHAMMED UNNI HAJI, 1/328, 2/18 KAPPUNGAL HOUSE, CHALAVA UPPUKULAM, P.O.ALANALLUR, PALAKKAD - 678 601. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. PASSPORT OFFICER, MALAPPURAM DOWN HILL POST, MALAPPURAM - 676 514. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32336/2009 -------------------- Dated this the 24th day of November, 2009 JUDGMENT The petitioner, who is aged 66 years and is involved in nine criminal cases pending in various criminal courts in Ernakulam, Thrissur, Kozhikode, Palakkad and Wayanad districts has filed this writ petition seeking a direction to the Passport Officer, Malappuram to issue a passport to him. 2. Sri.T.P.M.Ibrahim Khan the learned Assistant Solicitor General of India appearing for the respondents has filed a statement dated 23.11.2009. It is stated that the Superintendent of Police, Palakkad, within whose territorial jurisdiction the petitioner resides, has objected to the issue of passport citing that he is involved in seven criminal cases. Along with the statement, a copy of the police verification report is also produced. It is also stated that when the petitioner was asked to furnish his explanation with respect to the pending cases vide letter dated 10.11.2009 the petitioner submitted a reply dated 1.10.2009 confessing that he is involved in several criminal cases. It is also stated that in such cases, the applicant for a passport will have to obtain W.P.(C).32336/09 2 leave of absence from the concerned criminal court before applying for a passport and going abroad. In such circumstances, as the petitioner is admittedly an accused in nine cases, I find no grounds to entertain this writ petition or to grant the relief prayed for. It is accordingly dismissed without prejudice to the right of the petitioner to apply for a passport, after getting permission from the concerned criminal courts to leave India. If the petitioner moves the concerned criminal courts seeking such permission, the application shall be heard and disposed of within two weeks from the date on which they are filed. I make it clear that I have not expressed any opinion on the merits of the petitioner's claim and that it is for the courts below to pass orders on the applications in accordance with the law. P.N.RAVINDRAN, Judge mrcs