Kerala High Court

WP(C)/13896/2025 of ACHUTH, Vs THE UNION OF INDIA, on 3 April 2025

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WP(C) NO. 13896 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13896 OF 2025 PETITIONER/S: ACHUTH, AGED 28 YEARS S/O. PRADEEP P, RESIDING IN THE ADDRESS PARAMESWARAM,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

WP(C) NO. 13896 OF 2025

PETITIONER/S:

ACHUTH,

AGED 28 YEARS

S/O. PRADEEP P, RESIDING IN THE ADDRESS PARAMESWARAM, KADAVANTRA P.O., ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682020

BY ADV VISHNU PREMKUMAR

RESPONDENT/S:

THE UNION OF INDIA,

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, PRAVASI BHARTIYA KENDRA, CHANKYAPURI, NEW DELHI, PIN - 110021

THE REGIONAL PASSPORT OFFICER,

OFFICE OF THE REGIONAL PASSPORT OFFICER, REGIONAL

PASSPORT OFFICE, ERNAKULAM, PANAMPILLY NAGAR P.O., ERNAKULAM DISTRICT, PIN - 682036

SRI. T.C.KRISHNA, DSGI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Petitioner has approached this Court, being aggrieved by the fact that the application filed by him for reissue of his passport has not been considered by the 2nd respondent on account of the fact that the petitioner is involved in a criminal case.

2. Learned counsel appearing for the petitioner submits that by Exhibit P3 order of the Judicial First Class Magistrate Court-VIII, Ernakulam [in Crl.M.P. No.102/2025 in S.T. No.3119/2023], the petitioner has been granted permission for reissue of his passport for a period of three years. It is submitted that, taking into consideration Exhibit P3, the passport application of the petitioner may be directed to be processed without undue delay.

3. Heard the learned Deputy Solicitor General of India also.

4. Having heard the learned counsel appearing for the petitioner and the learned Deputy Solicitor General of India and considering the limited nature of relief sought for by the petitioner, the writ petition will stand disposed of, directing the 2nd respondent to process the application, if any, pending at the instance of the petitioner for reissue of passport also taking into account Exhibit P3 orders of the Judicial First Class Magistrate Court-VIII, Ernakulam and the provisions of GSR 570 (E) issued by the Central Government without undue delay . It will also be open to the petitioner to seek issue of passport under the Tatkal scheme, if he is an urgent need for the passport.

The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 13896/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER RELEVANT PAGES ISSUED DATED 13.8.2015 Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE PASSPORT SUBMITTED BY THE PETITIONER DATED 1.1.25 Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE JFCM-8, ERNAKULAM IN CRL. M P NO 102 OF 2025 IN S T NO 3119 OF 23 DATED 15.1.25 Exhibit P4 TRUE COPY OF THE INTIMATION THAT THE PETITIONER RECEIVED FROM THE REGIONAL PASSPORT OFFICER, KOCHI DATED 27.2.25 Exhibit P5 TRUE COPY OF THE REPORTED JUDGMENT 2024 KHC 1125 DATED 5.4.24 BY THIS HON’BLE COURT

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