IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 2548 of 2010(P) ------------------------- PETITIONER: --------------- ABDUL NAZAR THANGAL, S/O. LATE MUHAMMADALI THANGAL HAZANKUNHU, HAFSA MANZIL, ZOORATH CANAL WARD, ARATTUVAZHY P.O., ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENTS: --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2548 of 2010 ------------------------------------------------ Dated this the 30th day of January, 2010 JUDGMENT In this writ petition the petitioner seeks for a direction to the second respondent to receive Exhibit P8 application for passport and issue passport to the petitioner's nephew Syyed Muthukoya Thangal. 2. The petitioner's younger brother by name Mubarak and his wife Rahmath Beevi met with a road accident and they suffered serious injuries, on 29/12/2009. They are now admitted in Lakeshore Hospital, Ernakulam and are undergoing treatment there. The petitioner has averred that their condition is very serious and they have not regained consciousness so far. Exhibits P5 and P6 medical certificates have been produced in support of the above plea. They will require prolonged treatment to become normal. The petitioner is living in Qatar and is running a business concern there. He came to Kerala to visit his brother and his wife. It is pointed out there is no one to take care of his brother's son Syyed Muthukoya Thangal aged 7, and even though relatives are there, no one is prepared to take up the responsibility due to their own reasons. According to the W.P.(C)No.2548 of 2010 2 petitioner he has made all arrangement for the treatment of the parents of the child and has decided to take Syyed Muthukoya Thangal to Qatar with him to provide protection and care in the meanwhile. Since the parents are unable to apply for a passport for him, the petitioner filed an application for passport to the said Syyed Muthukoya Thangal under the 'Tatkal Scheme'. 3. On behalf of the second respondent, a statement has been filed. It is pointed out that as per the existing guidelines, when applying for a minor's passport by a Legal Guardian he should attach the following documents:- “a) A declaration from the Legal Guardian about the minor child as per Annexure H on a plain paper along with Annexure G in the form of Sworn Affidavit before Judicial Magistrate.(in Non-Judicial Stamp Paper) b) Attested photo copy of parent's passport.” 4. It is also submitted that on the petitioner submitting the relevant documents, passport can be issued. Therefore if the petitioner complies the formalities as pointed out in the W.P.(C)No.2548 of 2010 3 statement, the second respondent will see that the passport is issued without any further delay. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj