IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 26174 of 2009(N) --------------------------------------- PETITIONER(S): ----------------------- SHAJI, S/O. DEVADASAN, PANOTH MEETHAL HOUSE, P.O. NELIKODE, KOZHIKODE. BY ADV. MR.NIRMAL. S RESPONDENT(S): ------------------------ 1. THE PASSPORT OFFICER, PASSPORT OFFICE, BYE PASS ROAD, ERANHIPALAM P.O., KOZHIKODE. 2. SHOUKATH ALI. V, S/O. BEERAN, VALLAPPIL HOUSE, P.O. ELATHUR. 3. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. 4. THE IMMIGRATION OFFICER, GOVERNMENT OF INDIA, TRIVANDRUM. 5. COMMISSIONER OF POLICE, KOZHIKODE. R3 & R5 BY GOVERNMENT PLEADER MR.ARAVINDAKUMAR BABU. R1 & R4 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL. R2 BY ADV. MR.M.MUHAMMED SHAFI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26174/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER IN CC.10/2009 JFCM, KUNNAMANGALAM. EXT.P2: COPY OF THE LETTER OF 1ST RESPONDENT NO.KOZ/557/167/2009 DATED 27/08/2009. RESPONDENT'S ANNEXURES: ANNEXURE R1(a): COPY OF THE LETTER ISSUED BY THE REGIONAL PASPORT OFFICER DATED 19/08/2009. ANNEXURE R1(b): COPY OF THE NO.KOZ/557/167/2009 DATED 27/08/2009 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26174 OF 2009 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT 1.The petitioner states that he is the victim of a Visa fraud and that he had instituted a complaint before the judicial Magistrate of the First Class, Kunnamangalam against the second respondent. He seeks a direction to the Passport Authority to impound the passport of the second respondent. The passport authorities have placed a statement through the Assistant Solicitor General, which, among other things, states that the petitioner has made Ext.R1(a) letter to the Passport Officer, which, however, does not disclose any details relatable to any passport. Accordingly, the first respondent has issued Ext.R1(b), informing the petitioner that the record check by the department with the particulars given him could not bring out any details of the passport issued to anyone as stated in Ext.R1(a) letter. The petitioner has accordingly been WPC.26174/09 2 requested by the Passport Officer to provide further details as called for in Ext.R1(b) issued on 27.8.2009. 2.With the aforesaid state of affairs, I do not deem it necessary for this Court to compel the Passport Officer to impound the passport of a person whose identity is not available from the records of the passport authority and which are required to be made available by the petitioner. More over, it will be open to the petitioner to seek appropriate relief from the Judicial Magistrate of First Class, Kunnamangalam. For the aforesaid reasons, without prejudice to the petitioner seeking appropriate relief by providing information as requested in Ext.R1(b) or by obtaining orders from the criminal court, this writ petition is closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.03/02.