IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 30015 of 2010(B) --------------------------------------- PETITIONER: ------------------- SHIHAD THUNDAKKACHI PUTHIYAPURAYIL, S/O.ABDUL KHADER OLIYANTAKATH POYIL, AGED 29 YEARS, THUNDAKACHI PUTHIYAPURAYIL HOUSE, KUPPAM P.O., MUKKUNNU, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.T.MADHAVANUNNI, SRI. V.A. SATHEESH. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE PASSPORT OFFICER, ERANHIPALAM, KOZHIKODE-673 016. 3. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM. R1 & R2 BY SRI. T.P.M. IBRAHIM KHAN, A.S.G, R3 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30015 of 2010 (B) --------------------------------- Dated, this the 29th day of September, 2010 J U D G M E N T Petitioner submits that by Ext.P3 application, he sought issuance of a passport. It is stated that since he is an accused in Cr.No.751/2004 of Thalipparambu Police Station, which is now pending trial before the Judicial First Class Magistrate Court, Thalipparamba, the application is not processed. It is in this background, the writ petition has been filed. 2. The respondents pointed out that in view of the provisions contained in Section 6(2)(f) of the Passports Act, 1967, having regard to the admitted fact that the petitioner is an accused in a criminal case, they are not in a position to process the application. However, Government of India have issued a circular enabling the applicants like the petitioner to obtain the permission of the Court concerned for issuance of Passport, in which event, the Passport Authority is bound to consider the application. Since the petitioner has not taken recourse to such a WP(C) No.30015/2010 -2- procedure, I direct that it will be open to the petitioner to obtain permission of the Court concerned and on production thereof, the Passport Authority shall consider the application and needful shall be done thereafter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg