IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6064 of 2009(C) ------------------------- PETITIONER(S): ----------------- GIRISH.R, HARISH VIHAR, MARIAPPALLY, NATTAKOM, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S): ------------------- 1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPALLY NAGAR, ERNAKULAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6064 OF 2009 (C) ==================== Dated this the 3rd day of March, 2009 J U D G M E N T Petitioner wants a passport and initially his application was rejected. The aforesaid order was challenged before this Court in WP(C) No.30125/08. The writ petition was disposed of by Ext.P1 judgment, recording that the rejection was on account of the fact that the petitioner had not disclosed the pendency of Crl.Appeal No.1440/05 before this Court and directing that it will be open to the petitioner to make a fresh application. Subsequently, petitioner made an application and still passport was not issued. It is in these circumstances, the writ petition has been filed praying for orders for the issue of passport. 2. Learned counsel appearing the respondent on instruction submits that on receipt of the second application from the petitioner, the matter was forwarded to the Superintendent of Police for verification. It is stated that report was received stating that the criminal appeal referred to above is pending consideration of the High Court and therefore passport cannot be issued in view of Section 6(2)(f) of the Passport's Act. It is also pointed out that in terms of the procedure followed by them, if the petitioner obtains a no objection certificate from the court where the case WPC 6064/09 :2 : is pending, the application will be considered. 3. True as contended by the counsel for the respondents, in view of the provisions of Section 6(2)(f) of the Act, a person involved in a criminal case is ineligible to be issued a passport, and the only exception is a case where a no objection certificate from the Court where the case is pending is produced. Therefore, I dispose of this writ petition leaving it open to the petitioner to pursue the matter as submitted by the standing counsel appearing for the respondents. ANTONY DOMINIC, JUDGE Rp