Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 17661 OF 2024 PETITIONER: RAJENDRAN AGED 52 YEARS OTHAYOTH HOUSE, KARIKKANKULAM, PAPPINISSERY WEST P.O., KANNUR. NOW RESIDING AT ROOM NO. 702, AL NOOR BUILDING, OPP AL GHARB POLICE STATION, NEAR CENTRAL POST OFFICE, ROLLA, SHARJAH., PIN - 670561. BY ADVS. BEJOY JOSEPH P.J. M.RAMESH CHANDER (SR.) GOVIND G. NAIR BALU TOM BONNY BENNY RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK SECRETARIAT BUILDING, NEW DELHI, PIN - 110001. 2 THE REGIONAL PASSPORT OFFICER OFFICE OF THE REGIONAL PASSPORT OFFICE, ERANHIPALAM, KOZHIKODE, PIN - 673006. *ADDL R3 CONSULATE GENERAL OF INDIA AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O.BOX NO.737, DUBAI, UAE. *IS IMPLEADED VIDE ORDER DATED 21.05.2024 IN I.A. NO.1/2024. BY ADV. KRISHNA T C, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17661 OF 2024 2
JUDGMENT
Dated this the 24th day of May, 2024 The petitioner states that he is holder of Indian Passport bearing No.L1579485. The Passport is now not being renewed by the additional 3rd respondent stating that an adverse Police Verification Report has been received alleging that criminal cases are pending against the petitioner.
2. The petitioner submits that four criminal cases were
charged against the petitioner and all those four criminal cases have been quashed by this Court as is evident from Exts.P1 to P4. No other criminal cases are pending against the petitioner, to the knowledge of the petitioner. The petitioner contends that in such circumstances, the additional 3rd is not justified in not renewing the Passport of the petitioner.
3. Senior Panel Counsel entered appearance and
resisted the writ petition. It is pointed out that the petitioner has not produced sufficient materials to show that a proper renewal application has been submitted. If the petitioner produces documents evidencing that such criminal cases are not pending WP(C) NO. 17661 OF 2024 3 against the petitioner, then the application can be considered in accordance with law. Taking into consideration the entire facts and circumstances of the case, the writ petition is disposed of directing that the additional 3rd respondent shall process Ext.P6 application submitted by the petitioner if the same is received and pending. The petitioner will be at liberty to produce certified copies of Exts.P1 to P4 before the additional 3 rd respondent. If the petitioner produces certified copies of Exts.P1 to P4, the respondents shall consider the same and take appropriate decision on renewal application as expeditiously as possible, and at any rate, within a period of four weeks from the date of production of the documents as directed above. Sd/- N.NAGARESH JUDGE Sru WP(C) NO. 17661 OF 2024 4 APPENDIX OF WP(C) 17661/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN CRL.MC Exhibit P2 TRUE COPY OF THE JUDGMENT IN CRL.MC Exhibit P3 TRUE COPY OF THE JUDGMENT IN CRL.MC Exhibit P4 TRUE COPY OF THE JUDGMENT IN CRL.MC Exhibit P5 TRUE COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 23.04.2024. Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER ON 13.04.2024. Exhibit P7 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIVED
FROM INDIAN PASSPORT AND VISA SERVICE CENTER ACKNOWLEDGING THE PASSPORT FEE RECEIPT NO.24- 2001740456.