IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26399 of 2011(Y) ---------------------------------------- PETITIONER(S): ---------------------- NADEERA. M.H, AGED 27 YEARS, W/O. ANWAR. P.A, PALLIPATTU HOUSE, THRIKKAKARA, COCHIN -21. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): -------------------------- 1. THE REGIONAL PASSPORT OFFICER, COCHIN-682 036. 2. UNION OF INDIA, REPRESENTED BY MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, COCHIN-682 036. R1 & R2 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 26399 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE DIPLOMA CERTIFICATE IN BEAUTY CARE COURSE ISSUED TO THE PETITIONER DATED 14/02/2009. EXHIBIT-P2- TRUE COPY OF THE CERTIFICATE FOR BEAUTICIAN COURSE ISSUED TO THE PETITIONER DATED 15/11/2009. EXHIBIT-P3- TRUE COPY OF THE RELEVANT PAGES OF PASSPORT ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT-P4- TRUE COPY OF THE NOTICE DATED 13/09/2011 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT-P5- TRUE COPY OF THE REPLY TO THE REGIONAL PASSPORT OFFICER, COCHIN DATED 20/09/2011. EXHIBIT-P6- TRUE COPY OF THE F.I.R IN CRIME NO. 726/2011 REGISTERED BY THRIKKAKARA POLICE STATION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 26399 OF 2011 ===================== Dated this the 12th day of October, 2011 J U D G M E N T Petitioner is a holder of passport bearing No.J5795255. She is aggrieved by Ext.P4 communication issued by the 1st respondent calling upon her to surrender the passport on the ground that in an adverse police report, it was reported that the petitioner is involved in a criminal case. On receipt of Ext.P4, she filed Ext.P5 reply contending inter alia that there is no criminal case pending against her. There has not been any final decision in the matter. In the meanwhile, she apprehended further action based on Ext.P4 and that led her to file this writ petition seeking a direction to the respondents not to impound her passport. 2. In my view, having regard to the specific contention of the petitioner that no criminal case is pending against her, it is for the 1st respondent to decide the allegations against the petitioner as contained in Ext.P4 in the light of Ext.P5 reply and other materials produced by the petitioner. This the 1st respondent shall do with notice to the petitioner and as expeditiously as possible. It is directed that until a decision is so taken on Ext.P4, further WPC No. 26399/11 :2 : proceedings for the impounding of the passport shall be kept in abeyance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp