IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17590 of 2011(W) ---------------------------------- PETITIONER(S): ------------------- PULLICHOLA ASSAINAR, S/O. MOHAMMED, PULLICHOLA HOUSE, KARAPPURAM, EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT-679331. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001. 2. THE PASSPORT OFFICER, PASSPORT OFFICE, MALAPPURAM-676505. 3. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE EDAKKARA(MALAPPURAM DISTRICT) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO 2 BY ADV. SRI.T.SANJAY, CGC R3 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 17590/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 16/11/2010. P2: COPY OF THE FIR AND FIS IN CRIME NO.91/2009 OF EDAKKARA POLICE STATION. P3: COPY OF THE FIR AND FIS IN CRIME NO.90/2009 OF EDAKKARA POLICE STATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.17590 of 2011 ---------------------------------------- Dated this the 6th day of July, 2011. J U D G M E N T The petitioner applied for a passport. That was rejected by Ext.P1 on the ground that in the application he suppressed the pendency of the criminal case. It is aggrieved by Ext.P1 rejection this writ petition is filed. 2. Admittedly, the petitioner is an accused in Crime No.91/2009 of Edakkara Police Station. Section 6(2)(f) of the Passport Act renders an accused in a criminal case ineligible to be issued passport. For that reason itself, the petitioner's application was liable to be rejected. 3. Be that as it may, as pointed out by this Court in Asok Kumar V. State of Kerala (2009(2) KLT 712) it is open to the petitioner to make an application to the Court where the case is pending and if the Magistrate grants permission, produce the same before the passport issuing authority and seek reconsideration of the application. The Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE