IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 18566 of 2011(U) -------------------------- PETITIONER(S): --------------- ASIYA KUNJUMUHAMMED,D/O.KUNJUMUHAMMED, 1 762,MALAMBRUTHU CHALIL,KALLINGALPADAM, PANNIYANKARA PO,PALAKKAD DISTRICT 678 683. BY ADV. SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE,DOWNHILL POST,MALAPPURAM 676 519. 2. THE MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK,NEW DELHI 110 001,REP.BY ITS SECRETARY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA GP SMT. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18566 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE REPLY DATED 20.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P2- A TRUE COPY OF THE NOTICE DATED 22.6.2011 ISSUED BY THE 1ST RESPONDENT HESITATING TO ISSUE PASSPORT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).18566/2011 .............................................. Dated this the 25th day of July, 2011 JUDGMENT Petitioner applied for a passport. That application was processed and by Ext.P2 communication issued by the first respondent, she was called upon to furnish “Case disposal order or Court permission”. It is contending that, the only case that is pending against her is a civil case and that the pendency of such a case is not a bar for the issuance of a passport, this writ petition is filed. 2. According to the learned Standing Counsel, as per the police verification report, a Case No.1086/2009 is pending against the petitioner before the High Court of Kerala. It is stated that on receipt of such an information, they issued Ext.P2 notice calling upon the petitioner to furnish the details. 3. When this submission was made by the learned Standing Counsel, the learned counsel for the petitioner clarified that the case mentioned by the learned Standing Counsel is R.S.A.1086/2009 and that, no other case is pending against her. W.P.(C).18566/2011 2 4. In terms of Section 6(2)(f) of the Passports Act, the pendency of criminal case alone renders an applicant ineligible for issuance of passport. Therefore, R.S.A.1086/2009 being a civil litigation, even if pending, cannot attract the disqualification under Section 6 (2)(f) of the Act. 5. In that view of the matter, I dispose of this writ petition directing that the petitioner will furnish the details regarding R.S.A.1086/2009 to the respondent in response to Ext.P2 and on receipt thereof, respondent will verify the matter and if no other case attracting Section 6(2)(f) of the Act, is pending against the petitioner, her application will be processed, ignoring the police verification report referred to above. Petitioner will produce the details within one month from today and the respondent will pass orders as directed above, within one month thereafter. ANTONY DOMINIC, Judge mrcs