IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30523 of 2011(M) -------------------------- PETITIONER: ------------- PRINCE PHILIP MATHEW, S/O.K.P.MATHAI, KUZHIPPARA VADAKKATHIL, KULANADA VILLAGE, KAIPPUZHA NORTH, KOZHENCHERRY. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): -------------------- 1. PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, PASSPORT OFFICE, KAITHAMUKKU, TRIVANDRUM-695 024. 2. NIXON JOHN, S/O.UMMAN JOHN, MUKALUVILA KOCHU VEEDU, MYLAM, KOTTARAKARA. 691506 3. SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION, KOTTARAKARA. 691506 R1 BY ASST. SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR R3 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 30523 of 2011(M ------------------------------- APPENDIX ------------- PETITIONER(S) EXHIBITS ----------------------------- EXHIBIT P1- THE TRUE COPY OF THE INTIMATION WITH REF.NO.TVMB00776110 DATED 29.3.2010 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. EXHIBIT P2- THE TRUE COPY OF THE FIR NO.438/2010 DATED 22.2.2011 OF THE KOTTARAKARA POLICE STATION. EXHIBIT P3- THE TRUE COPY OF THE REFER REPORT IN CR.438/10 OF KOTTARAKARA POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKARA. EXHIBIT P4- THE TRUE COPY OF THE REPRESENTATION DATED 10.10.2011 ISSUED TO THE IST RESPONDENT BY THE PETITIONER. RESPONDENTS' EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 30523 of 2011 M ``````````````````````````````````````````````````````````` Dated this the 16th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner made an application to the first respondent for issuance of a passport. According to him, the application is kept pending on the ground that a criminal case is pending against the petitioner and that therefore he should produce an order from the court concerned enabling the issuance of a passport. His case is that, though he was an accused in Crime No.438/2010 of Kottarakkara Police Station, the police themselves have filed Ext.P3 refer charge before the Court and that the case itself has been closed on that basis. Therefore, according to the petitioner, no criminal case is pending against him and he is entitled to be issued passport. According to the petitioner, this has been brought to the notice of the first respondent by Ext.P4 representation. W.P.(C) No.30523/2011 : 2 : In that view of the matter, I dispose of the writ petition, directing the first respondent to take appropriate action in the matter based on Ext.P4 representation, as expeditiously as possible on the production of a copy of this judgment along with a copy of the writ petition. Sd/- (ANTONY DOMINIC, JUDGE) aks/16/11 // True Copy // P.A. To Judge