IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 18685 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ HUSSAIN PALLIPUZHA, AGED 58 YEARS, S/O. EROL MUHAMMED, PALLIPUZHA HOUSE, P.O. PALLIKKARA, KASARAGOD DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENT(S): ---------------------------- 1. THE UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVT., MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110 001. 2. THE PASSPORT OFFICER, KOZHIKODE - 673 001. R1 & R2 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18685/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NEWS ITEM IN THE NEWS PAPER. P2: COPY OF THE COMPLAINT GIVEN TO THE SUPERINTENDENT OF POLICE, KASARAGOD DTD. 20/10/2010. P3: COPY OF THE COMMUNICATION DD. 25/03/2010. P4: COPY OF THE CHARGE SHEET. P5: COPY OF THE ONLINE REGISTRATION. P6: COPY OF THE ORDER DTD. 09/06/2011 ISSUED BY THE 2ND RESPONDENT. P7: COPY OF THE RELEVANT PAGE OF THE NOTIFICATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J --------------------------------------- W.P(C) No.18685 of 2011 ---------------------------------------- Dated this the 22nd day of July, 2011. J U D G M E N T The application made by the petitioner for issuance of the passport was rejected on the ground that in the application he suppressed the pendency of a criminal case. It is challenging the above decision of the 2nd respondent, the writ petition is filed, mainly contending that the case pending against the petitioner is only a petty case and is of no relevance in so far as the application for the passport is concerned. 2. Fact remains that the petitioner is an accused in S.T.C No.2367/2010 pending before the Judicial First Class Magistrate Court II, Hozdurg. If that be so, the petitioner is ineligible to be issued a passport in view of Section 6(2)(f) of the Passports Act. 3. In such a case as held by this Court in Asok Kumar V. State of Kerala (2009(2) KLT 712) the only course open to the petitioner is to apply to the Court where W.P(C) No.18685 of 2011 2 the case is pending and obtain orders enabling issuance of a passport and produce the same before the 2nd respondent and seek orders. With that liberty the Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE W.P(C) No.18685 of 2011 3