IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 5253 of 2011(F) --------------------------------------- PETITIONER(S): ------------------------ BIJU SHAMSUDEEN KUNJU, S/O.SHAMSUDEEN KUNJU, AGED 34,EDAPPALLIL PUTHEN VEEDU, EDAPPALLIL COTTA P.O. CHAVARA,KOLLAM, KERALA. NOW RESIDING AT AL-HANDAZA BUILDING, DOHA,QATAR REPRESENTED BY POWER OF ATTORNEY MUHAMMED KUNJU, S/O.JUNUS KUNJU, AGED 66, RESIDING AT NITHAS, EDAPPALLIL COTTA P.O., CHAVARA, KOLLAM, KERALA. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110 001. 2. THE REGIONAL PASSPORT OFFICER, TRIVANDRUM,GOVERNMENT OF INDIA PASSPORT OFICE, S.N.S.M. BUILDING, KAITHAMUKKU,TRIVANDRUM, 695 001. R1 & R2 BY ADV.SRI.P.PARAMESWARAN NAIR,ASST.S.G.OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5253/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE F.I.R IN CRIME NO.875 OF 2008 OF THE CHAVARA POLICE. P2: COPY OF THE COMMUNICATION DTD. 30/06/2010 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER IN PURSUANCE OF EXHIBIT P2. P4: COPY OF THE ORDER DTD. 10/08/2010 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------------------------------- W.P.(C) No. 5253 of 2011- F ----------------------------------------------------------------------- Dated this 27th day of June, 2011 J U D G M EN T The petitioner has approached this court challenging Ext.P4. Ext.P4 is a communication issued by the 2nd respondent calling upon the petitioner to surrender his passport. Although various contentions have been raised in the writ petition, statement filed on behalf of the respondents shows that the petitioner was issued passport on 26.4.2010 and that on 31.5.2010 an adverse police report was received to the effect that a criminal case is pending against the petitioner. The relevant portion of the statement reads as follows: "2. It is submitted that passport No. H – 9864580 dated 26.04.2010 was issued by the 2nd respondent to the petitioner under the Tatkal Scheme. On 31.05.2010 an adverse police report was received by the 2nd respondent stating that a case is pending against the petitioner and hence the issue of the passport was not recommended. 2 W.P.(C)5253/2011 3. The petitioner has suppressed information regarding the pendency of the criminal case against him in his application submitted to the 2nd respondent vide file No.D 2841/10. Therefore, show cause notice was issued to the petitioner under Section 10(3)(e) of the Passport Act, 1967 on 30.06.2010. His reply was received in the office of the 2nd respondent on 29.07.2010, but the passport was not surrendered. Hence the petitioner was advised to surrender his passport. Later, it was brought to the notice of the 2nd respondent that the petitioner is in abroad and hence he was advised to surrender the passport at the earliest and approach with court order subsequently when the proceedings are over. The passport of the petitioner has not been impounded so far". There is no reply to the above statement. Since the facts are as stated above, in view of the provisions contained in S.6(2)(F) of the Passports Act, 1967, the petitioner could not have obtained the passport. If that be so, there is no illegality in Ext.P4 and 3 W.P.(C)5253/2011 therefore the writ petition is only to be dismissed and I do so. Sd/- ANTONY DOMINIC, JUDGE rka