IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10830 of 2009(W) -------------------------- PETITIONER(S): --------------- BALAKRISHNAN VIVEKANANDAN, S/O. BALAKRISHNAN, AGED 58 YEARS, T.C. 26/159, KIVI TOWERS, TUTER'S LANE, GPO , STATUE, THIRUVANANTHAPURAM. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM. 2. THE CENTRAL BUREAU OF INVESTIGATIOHN, KOCHI BRANCH, REPRESENTED BY INSPECTOR OF POLICE (CBI, ACB), COCHIN. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R2 SRI.P.PARAMESWARAN NAIR FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10830 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T Grievance of the petitioner is regarding Ext.P8, a show cause notice issued by the 1st respondent, calling upon him why his passport No.F7165313 shall not be impounded. He is also called upon to produce the passport within 15 days of receipt of the show cause notice. 2. The petitioner submits that on receipt of Ext.P8, he submitted his reply, as per Ext.P9. The main ground on which the petitioner filed this writ petition is that, his passport was initially seized by the CBI Officers and produced before the CBI Court. It is stated that in view of the fact that he is employed abroad, he made an application before the CBI Court, and taking into account the prayer made, the CBI Court passed Ext.P7, a conditional order releasing the passport, and on the strength of it, he traveled abroad. If the passport is to be surrendered, he says that he will have to resign his job and it is on these allegations, the writ petition has been filed. WP(C) No.10830/2009 -2- 3. Today, the learned standing counsel appearing for the respondents inform that although the petitioner has filed Ext.P9 explanation to Ext.P8, the petitioner has not produced Exts.P5 & P7 orders passed by the CBI Court and therefore, they were not in a position to assess the impact of the said orders and consider the mater in the light of Ext.P9 explanation submitted by him. 4. Taking into account the submissions made by both sides, I dispose of the writ petition with the following directions:- That within two weeks from today, the petitioner shall produce copies of Exts.P5 & P7 orders passed by the CBI Court, releasing the passport to him, before the 1st respondent. Once these orders are produced before the 1st respondent, the 1st respondent shall consider Ext.P8 in the light of Ext.P9 explanation, Exts.P5 & P7 orders passed by the CBI Court, and pass orders in the matter. It is directed that until orders are passed as above, the 1st respondent shall not insist on the petitioner to produce the passport as directed in Ext.P8. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg