IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 16516 of 2010(L) ----------------------- PETITIONER(S): --------------- DAVOOD KOCHENTAVIDA, NARIKKOTTUNGAL THAZHE KUNIYIL HOUSE, P.O.KADAVATHUR, KANNUR-670676. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- PASSPORT OFFICER, PASS PORT OFFICE KOZHIKODE, ERANHIPALAM, KOZHIKODE DISTRICT. STANDING COUNSEL SRI. T.P.M. IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) No. 16516 of 2010 * * * * * * * * * * * * * * * * * * Dated: 13th September, 2010 JUDGMENT Petitioner who is one of the accused in Crime No. 262 of 2008, 227/09, 231/09 and 232 of 2009 of Kolavalloor Police Station, seeks a writ of mandamus directing the Regional Passport Officer , Kozhikode to complete the proceedings initiated against him under the Passports Act, 1967 as evidenced by Ext.P2 letter enabling him to receive back his passport without further delay. 2. The case of the petitioner can be summarised as follows:- Eventhough he was granted bail on condition that he shall surrender his passport or file an affidavit, in case he is not the holder of a passport, since he had lost his original passport, he had filed an affidavit before the Magistrate and he was thereupon released on bail. After releasing on bail he received a duplicate passport as evidenced by Ext.P4 (a). Thereafter his old passport was traced out and he surrendered both the passports W.P. (C) No. 16516 of 2010 -:2:- before the respondent/Passport Officer pursuant to Ext.P2 letter. Eventhough the petitioner has submitted Ext.P3 explanation to the respondent, his passports are not being released. On account of that he is unable to go abroad and eke out his living. Hence, this Writ Petition. 3. The respondent/Passport Officer has filed a counter statement stating inter alia as follows:- Petitioner had submitted an application for the issue of a duplicate passport under the Talkal Scheme in the place of his original passport No. G5694904 dated 3-12-2007 alleging that he had lost his original passport. The petitioner, was, accordingly issued a duplicate passport No. H6816033 dated 21-12-2009. On police verification the details of the lost passport of the petitioner were updated by PISON (Passport Information Services On Net) . Subsequently, the Passport Officer received Ext.R1 (a) police report from the Superintendent of Police, Kannur not recommending the issue of passport to the petitioner since he was the accused in the aforementioned three crimes of the year 2009 of Kolavalloor Police Station. Since the petitioner had suppressed the above facts in his application for the issue of duplicate passport, he was served with the original W.P. (C) No. 16516 of 2010 -:3:- of Ext.R1 (b) show cause notice on 4-4-2010 under Sections 10 (3)(b), 10(3)(e) and 12 (1) (b) of Passport Act, 1967. Along with his explanation the petitioner surrendered his duplicate passport. However, on 17-3-2010 the petitioner was found making an attempt to go abroad using his original passport. The Immigration Wing of the Calicut International Air Port seized his passport and forwarded the same to the respondent Passport Officer. The petitioner then submitted Ext. R4 (i)(d) explanation to the effect that his lost passport was retrieved and it was using the said Passport that he had attempted to go abroad. As per the existing procedure, once the details are updated by PISON under the lost category such passports will stand revoked and cannot be utilised for going abroad. In all such cases the passport holder will have to apply for fresh passport. The petitioner was trying to go abroad using the original passport which was cancelled. 4. Since the only prayer of the petitioner is to complete the proceedings initiated against him under the Passports Act, this Writ Petition is disposed of directing the respondent to complete the proceedings. However, it is relevant to note that the petitioner who was directed by this Court while disposing of W.P. (C) No. 16516 of 2010 -:4:- B.A. No. 729 of 2010 and connected cases to surrender his passport before the Chief Judicial Magistrate, Thalassery, never complied with the same even after he had allegedly retrieved the same after the issue of the duplicate passport. This conduct of the petitioner cannot be lost sight of by the respondent while finalising the proceedings. The offences with which the petitioner stands charge-sheeted are also grave offences. This Writ Petition is disposed of as above. The respondent shall finalise the proceedings within two months of receipt of a copy of this judgment. Respondent shall communicate to the petitioner the final orders passed. Dated this the 13th day of September, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Juge ani.