IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 20334 of 2009(J) -------------------------- PETITIONER(S): --------------- MR.ABDUL SHUKOOR PALLIKKANDY , TAHIRA MAHAL, MADCHAL VAYAL, PAVANGAD, PUTHIYANGADI P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.K.VARGHESE SRI.K.S.ARUN KUMAR RESPONDENT(S): --------------- THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKODE. ADV. SRI.RAJMOHAN R.PILLAI, ACGSC FOR R1 SRI.T.P.M.I.KHAN,ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(C) No. 20334 of 2009-J ------------------------------------------------- Dated this the 23rd day of March, 2010 JUDGMENT Basant,J. A statement has been filed by the learned Additional Central Government Standing Counsel on behalf of the respondent. That statement dated 19/3/10 informs this Court that this writ petition has now become infructuous and prays that the same may be closed. The respondent has no intention to proceed further to impound the passport. At the Bar, it is submitted that the passport has already been released to the petitioner. 2. We find an objectionable statement in the statement filed by the learned ACGSC that action has been taken “as per the direction given by this Court”. This is factually incorrect. This Court had not issued any direction for release of the W.P.(C) No. 20334 of 2009 -: 2 :- passport; nor has this Court directed the respondent not to proceed to impound the passport. The orders dated 1/3/10, 12/3/10 and 16/3/10 make the matter crystal clear. 3. The learned counsel for the petitioner submits that inasmuch as the passport has now been released to him and no steps have been taken under Sec.10 of the Passport Act to impound the passport, the petitioner does not want to seek any relief from this Court now. 4. This writ petition is accordingly dismissed as not pressed. 5. Hand over a copy of this judgment to the learned Assistant Solicitor General of India. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge