IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 4772 of 2009(R) ------------------------- PETITIONER(S): --------------- MATTATHOOR PATHUTTY, AGED 63 YEARS, W/O.ALAVIKUTTY MOLLA, MADANIKUZHI HOUSE, KAKKANCHIRA, VADAKKUMPRAM P.O., VALANCHERRY TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- THE PASSPORT OFFICER, MALAPPURAM. BY ASG SRI. P. PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 4772 OF 2009 ------------------------ Dated this the 19th day of February, 2009. JUDGMENT The prayer sought for by the petitioner is a direction to the respondent to issue passport to the petitioner on the basis of the application filed by her on 18.8.2008. Admittedly, the petitioner is an accused in Crime No.326/06 of Valacherry Plice Station alleging offence punishable under Section 498A of the IPC. If so, in view of the provision in Section 6(2)(f) the Passport Act,a direction as such cannot be issued. However, it is submitted by the respondents that on the basis of a circular issued by the Government of India, application of this nature will be considered, provided the court where the case is pending issues no objection . Therefore the only course available to the petitioner is to apply to the court concerned to obtain a o objection and produce the same before the WP(c).N.4772/09 /2/ respondent. It is up to the respondent to consider the petitioner's application. (ANTONY DOMINIC) JUDGE vi/ WP(c).N.4772/09 /2/