IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 16271 of 2011(H) ------------------------------------- PETITIONER(S): ----------------------- SUMA G NAIR ALIAS MOHINI BAI, AGED 58 YEARS W/O.GOPALAKRISHNAN NAIR & D/O.LATE R.RAMAKRISHNAN NAIR NARAYANAMANGALATHU HOUSE, NJALBHAGOM MURI KAVIYOOR VILLAGE, THIRUVALLA TALUK. BY ADVS. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): ------------------------ 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI – 110001 2. REGIONAL PASSPORT OFFICER THIRUVANANTHAPURAM – 695024 3. SUB INSPECTOR OF POLICE, THIRUVALLA – 689107 4. G. GOPALAKRISHNAN NAIR, S/O.P.GOPALA PILLAI KALATHIL PUTHENPURAYIL, KAINAKARY, KUTTANAD, ALAPPUZHA NOW RESIDING AT 'MOHINI', HOUSE NO.8, NANDA GOKULA, SHAMPURA, ARABIC COLLEGE.P.O., BANGALORE – 45. R1 & R2 BY ADV. SMT.GOVINDA P.RENUKADEVI, CGC R3 BY GOVT. PLEADER SRI.P.N.SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 16271 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: P1 : TRUE COPY OF THE JUDGMENT IN O.P(H.M.A) NO.416/2008 DTD 26/09/2008 BEFORE THE FAMILY COURT, THIRUVALLA. P2 : TRUE COPY OF THE LETTER ISSUED TO PETITIONER BY THE 2ND RESPONDENT DTD 03/09/2007. P3 : TRUE COPY OF THE LETTER ISSUED TO PETITIONER BY THE 2ND RESPONDENT. P4 : TRUE COPY OF THE LETTER DTD 01/02/2011 ISSUED TO PETITIONER BY THE 2ND RESPONDENT. P5 : TRUE COPY OF THE LETTER DTD 17/03/2011 ISSUED TO PETITIONER BY THE 2ND RESPONDENT. P6 : TRUE COPY OF THE LETTER NO.TVM/MC/13/2011 DTD 04/04/2011 P7 : TRUE COPY OF THE LETTER DTD 08/06/2011 ISSUED TO PETITIONER BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R2(a) : LETTER SENT TO THE 4TH RESPONDENT BY THE 2ND RESPONDENT. R2(b) : RELEVANT PARAGRAPH OF PASSPORT MANUAL 2010. R2(c) : DETAILS OF PASSPORT OF THE PETITIONER. R2(d) : LETTERS OF CORRESPONDENCE BETWEEN PETITIONER AND THE 2ND RESPONDENT. //TRUE COPY/ STU P.A TO JUDGE ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No.16271 OF 2011 ----------------------------------------------------- Dated this the 10th day of October, 2011 J U D G M E N T Petitioner was married to the 4th respondent and the marriage ended in divorce. According to the petitioner her passport has been wrongfully retained by the 4th respondent and that she has applied for a duplicate passport or for a fresh one. There was no response and in the circumstances this writ petition has been filed praying for a direction to the 2nd respondent to recover the passport of the petitioner from the 4th respondent or issue a duplicate passport. On behalf of the 2nd respondent a statement has been filed by the Standing Counsel where it has been stated thus: “It is further submitted that, in accordance with instructions given in the passport manual the respondent has already written to the 4th respondent who is the former husband of the petitioner W.P.(C) No. 16271 OF 2011 :2 : advising him to return the passport to the actual holder but the said letter was returned undelivered by the postal authorities. Now the petitioner can apply for afresh passport with usual formalities furnishing correct documents after making a request to revoke her passport u/s 10(4) of the passport Act 1967.” In my view the aforesaid offer made on behalf of the 2nd respondent should redress the grievance of the petitioner. Therefore I dispose of the writ petition leaving it open to the 2nd respondent for revocation of the earlier passport and also for issuing a fresh one. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge