IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 902 of 2011(K) ------------------------ PETITIONER(S): --------------- SHOUKATHALI, S/O.KUTTYAMMU ALUNKKAL, AGED 29 YEARS, ALUNKKAL VEEDU, MOOLAMBAVU, KOZHIKODE, PRESENTLY AT NAYA RESTAURANT, KHALIFA BIN ZAYED STREET, NEW SOUK, BUILDING OF MATAR KHALFAN JABARA, ABUDHABI, UAE, HOLDER OF PASSPORT NO.B315295 ISSUED AT KOZHIKODE, REP.BY P/A HOLDER, K.K. AYSHA AGED 40 YEARS, D/O. KUTTYAMMU ALUNKKAL HOUSE MANNATHADY KUNNU, SULTHAN BATTERY, WYANAD-673592. BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE. R1 & R2 BY ADV. SRI.RAJMOHAN R.PILLAI, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.902 OF 2011 -------------------------------- Dated this the 28th day of March 2011 JUDGMENT The petitioner who is stated as doing business in Abudhabi, UAE was issued with passport bearing No.B 1315295; on the basis of which he secured the necessary 'visa' and is doing business as aforesaid, allegedly giving employment to nearly 18 persons. The case of the petitioner is that, some criminal case was registered against him without any regard to the actual facts and figures by some interested parties with enmity. However, the trial in respect of the offence involving Section 138 of the Negotiable Instruments Act ended in conviction and sentence, finally leading to Ext.P3 judgment passed by this Court in Revision, whereby the sentence was modified by converting the simple imprisonment of 'three months' to 'one day' till the rising of the Court and by ordering to satisfy the fine imposed. It is stated that the petitioner has already satisfied the fine and that he wants to come back to India to suffer the sentence. But, since the validity of the passport expired, he approached the concerned authority in Abudhabi for renewal, which however has not yielded any result; thus driving him to approach this Court. W.P.(C) No. 902/2011 - 2 - 2. The respondents have filed a counter affidavit pointing out that there are three criminal cases against the petitioner and that the passport of the petitioner has already been impounded invoking the relevant provisions under the Passport Act. If the petitioner is aggrieved in any manner, the learned standing counsel submits, that the petitioner is free to approach the Central Govt., the Appellate Authority, as provided under Section 11 of the Passport Act or he can approach the Embassy in Abudhabi so as to obtain a “single travel document” which would be considered and acted upon facilitating necessary steps in this regard. It is also brought to the notice of this Court that the Central Govt. has also issued a Circular. By virtue of the contents of the Circular, it is also open to the petitioner to approach the concerned Magistrate's Court and obtain necessary clearance for renewal of the passport. The question of law in this regard has been made clear by this Court in the decision reported in “Asok Kumar v State of Kerala” (2009(2) KLT 712). 3. In the above circumstances, this Court finds that the petitioner, who is now represented before this Court through the power of attorney holder, is very much at liberty to pursue any of such courses as aforesaid for redressal of the grievance. If the W.P.(C) No. 902/2011 - 3 - petitioner approaches the concerned Magistrate's Court and files an application in this regard within 'one week' from the date of receipt of a copy of this judgment, the same shall be acted upon and finalised, passing appropriate orders in accordance with law, so as to redress the grievance of the petitioner, as expeditiously as possible, at any rate within two weeks thereafter. Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE vdv