IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8687 of 2011(I) ------------------------- PETITIONER(S): --------------- 1. ABDUL SALAM THAYYIL PATTAKKAL, S/O.ISMALUTTY THAYYIL PATTAKKAL, THAYYIL PATTAKKAL HOUSE, KUNIYIL, KEEZHUPARAMBA P.O., MALAPPURAM DISTRICT. 2. SAINABA PULLUPARAMBAN, D/O.SAITHALAVAI, THAYYIL PATTAKKAL HOUSE, KUNIYIL, KEEZHUPARAMBA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------- 1. THE PASSPORT OFFICER, MALAPPURAM, INTERCITY ARCADE, DOWN HILL P.O., MALAPPURAM DISTRICT-676 519. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MANJERI REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.8687 OF 2011 -------------------------------- Dated this the 21st day of March 2011 JUDGMENT The petitioners, who are husband and wife respectively, seek for a direction to be given to the 1st respondent to issue passport to them for the purpose of 'Hajj Pilgrimage', subject to appropriate conditions, if any. 2. The case of the petitioners is that a false criminal case was foisted against them by their daughter-in-law for an offence under Section 498A of the Indian Penal Code, which is pending from 2005 onwards. It is stated that, though the trial has already started and the petitioners are regularly attending the Court, since the prosecution witnesses are continuously absent, it is being adjourned every occasion. The petitioners' desire to conduct the 'Hajj Pilgrimage' is being stalled because of the pendency of C.C No.139/2005 before the Chief Judicial Magistrate's Court, Manjeri. It is in the said circumstances, that they have approached this Court for issuance of the passport. 3. The learned standing counsel appearing for the 1st respondent submits that, if the petitioners prefer an application before the concerned Magistrate's Court in this regard stating that they will surrender the passport immediately after the W.P.(C) No.8687/2011 - 2 - 'Hajj Pilgrimage' scheduled for this year, their request can be considered and passport can be issued. 4. In the said circumstances, the petitioners are relegated to approach the Chief Juduicial Magistrate's Court, Manjeri by filing necessary application in C.C No.139/2005, on which event the same shall be considered and appropriate orders shall be passed forthwith, enabling the petitioners to acquire the passport subject to the undertaking to be given by the petitioners that they will surrender the passport immediately after the 'Hajj Pilgrimage'. Based on the order so to be passed by the learned Magistrate, the 1st respondent shall issue the passport to the petitioners, subject to satisfaction of the requirements within 'two weeks' from the date of production of the order as aforesaid. The Writ Petition is disposed of accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE