IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 21708 of 2011(K) -------------------------- PETITIONER(S): --------------- DILEEP KUMAR.P.S., S/O. LATE KRISHNANKUTTY, SPRING VALLEY, KALPATHI, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MALAPPURAM-676505. 2. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD-678001. ADV. SMT.GOVINDA P.RENUKADEVI, CGC SR GP SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21708 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE JUDGMENT DATED 1.12.06 IN W.A.1611 OF 2006 OF THIS HONOURABLE COURT EXT.P2- TRUE COPY OF THE ORDER OF THE ADM PALAKKAD AS NO.D2.2008/23662/9/D.DIS. DATED 4.3.09 EXT.P3- TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT AS NO.MLPD00592210/AR-0022/11 DATED 21.2.2011 (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).21708/2011 [K] .............................................. Dated this the 22nd day of August, 2011 JUDGMENT Petitioner is aggrieved of Ext.P3, by which he has been asked to surrender his passport bearing No.J4163440 dated 29.11.2010 for the reason that subsequent to its issue, the first respondent has informed that crime Nos.412/2005 and 769/2005 are pending against the petitioner. 2. The fact of pendency of crimes is not a matter of dispute and if that be so, the ineligibility provided in Section 6(2)(f) of the Passports Act, 1967 is attracted. In that view of the matter, Ext.P3 order is unassailable. 3. Be that as it may, if as pointed out by this Court in Asok Kumar v. State of Kerala (2009 (2) KLT, 712), it will be open to the petitioner to approach the Courts where crimes are pending and seek restoration of the passport, if the Courts pass order as provided in the Government notification mentioned in the said judgment. With the above clarification, the writ petition is disposed of. ANTONY DOMINIC, Judge mrcs