IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 19726 of 2009(I) -------------------------- PETITIONER(S): --------------- DON BOSCO, ULLAS NAGAR, KUTHIRAVATTAM P.O., KOZHIKODE-18. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- THE PASS PORT OFFICER, PASS PORT OFFICE, KOZHIKODE. BY ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).19726/2009 -------------------- Dated this the 16th day of July, 2009 JUDGMENT Petitioner is the holder of a passport which has now been directed to be surrendered by the Passport Officer, Kozhikode, in the course of proceedings for impounding the same under Section 10(3)(b)/10(3)(e) of the Passport Act and also as a prelude for action under Section 12(1)(b) of the Act. Petitioner is willing to surrender the passport if some time is offered to him, which according to him, is required to undertake a travel to UAE. As pointed out by the learned counsel for the respondent that petitioner should furnish an explanation to Ext.P10. He may also demonstrate that the pendency of the crimes registered against him is not of a character or extent to deter him from undertaking a travel for a limited purpose. These are matters which should be considered by the respondent in the first instance. 2. Petitioner shall therefore, give a detailed reply to Ext.P10 within three days from today. He shall appear in person before the Passport Officer who shall then pass a W.P.(C).19726/2009 2 reasoned order within a week, either giving time to the petitioner to surrender the passport in which case, adequate safeguards can be imposed by the respondent, to permit the petitioner to use the passport for a limited period of time, before further proceeding with the enquiry as contemplated by Ext.P10 as declining the request. If the conditions imposed by the respondent are acceptable to the petitioner, he may proceed after complying with the conditions so imposed. If they are not acceptable to the petitioner, it is open to him to take appropriate measures in relation to the said order. But it is made clear that the petitioner shall not proceed to undertake a travel abroad, except after an order is passed by the respondent as directed herein and in compliance with the conditions so imposed. Petitioner shall, in the first instance, file an undertaking before the respondent, expressing his willingness to abide by the conditions mentioned in this judgment and also undertaking not to use his passport except in the manner aforementioned. Writ petition is disposed of as above. V.GIRI, Judge mrcs