IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9097 of 2010(J) ------------------------- PETITIONER(S): --------------- SUDARSANA DAS, S/O.CHELLAPPAN, GIRISH BHAVAN, PAZHAKUTTY, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE PASSPORT OFFICER, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL), THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).9097/2010 -------------------- Dated this the 19th day of March, 2010 JUDGMENT Petitioner's grievance is that the 1st respondent is refusing to renew his passport for the reason that C.C.No.65/2010 and Crime No.980/2009 are pending before the Judicial First Class Magistrate Court-II, Nedumangadu. Going by the provisions of Section 6(2)(f) of the Passports Act, 1967, this Court cannot find fault with the 1st respondent, for having refused to renew the passport. 2. Be that as it may, the Central Government have issued a notification dated 25.8.1993 enabling persons like the petitioner to obtain orders from the Court concerned permitting them to depart from India and the said notification provides that on the production of such an order from the Criminal Court, passports can be renewed. This circular has been taken note of by this Court in the judgment in Asok Kumar v. State of Kerala (2009 (2) KLT 712). W.P.(C).9097/10 2 3. In view of the provisions contained in Section 6(2)(f) of the Passports Act, I feel that the proper course which the petitioner will have to adopt is to make an application whether the aforesaid criminal case and the crime is pending, and obtain orders and seek renewal of the passport on that basis. 4. Therefore I dispose of this writ petition leaving it open to the petitioner to move the Judicial First Class Magistrate Court-II, Nedumangadu, in which event it is directed that the Court concerned will pass orders in the light of the directions of this Court in the judgment referred to above. ANTONY DOMINIC, Judge mrcs