IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 22945 of 2010(P) -------------------------- PETITIONER: --------------- MOHAMAD IQBAL MAHAMOOD, S/O.MAHAMOOD, AGED 40 YEARS, NALUPURAPPATTIL KIZHAKKE PURAYIL, ETTIKULAM P.O., RAMANTHALI VIA, KANNUR DISTRICT. BY ADV. SRI.T.N.SURESH SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT: --------------- THE PASSPORT OFFICER, GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, KOZHIKKODE 673006. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRIJAGAN, J. ------------------------------------------ WP (C) No. 22945 of 2010 --------------------------------------- Dated this the 2nd day of August, 2010 J U D G M E N T -------------------------- The petitioner's grievance in this writ petition is that the petitioner's application for renewal of passport is not being considered favourably by the respondent. The petitioner therefore seeks the following reliefs:- i. Call for records connecting Exhibit P1 from the respondent. ii. Issue a writ of mandamus directing the respondent to consider petitioner's application dated 21.07.2009 to extend the period of Indian passport number A- 8015340 expeditiously with in a time frame 2. Learned Assistant Solicitor General who appears on behalf of the respondent submits that the petitioner suppressed the fact that a Criminal case is pending against him. He also submits that for violation of the suppression of the existence of the criminal case, attracts penalties as per the Passport Act and therefore the petitioner has to approach the passport officer with a proper petition in that regard along with clearance from the concerned Criminal 2 WP (C) No. 22945 of 2010 Court in view of the above submission. He also submits that despite the existence of the criminal case, passport can be issued only as per directions of the criminal Court where the criminal case against the petitioner is pending. In view of the said submissions, the learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to approach the Criminal Court and the respondent appropriately. Permission is granted and the writ petition is dismissed as withdrawn, with the above liberty. S.SIRIJAGAN, JUDGE. rkc