IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943 WP(C) NO. 19353 OF 2021 PETITIONER:
JITHINLAL V.P., AGED 24 YEARS S/O.PURUSHOTHAMAN, VENMANI HOUSE, KOODALAPPAD, KOOVAPADY VILLAGE, ERNAKULAM DISTRICT.
BY ADV M.J.SANTHOSH RESPONDENTS:
1 REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI-682035.
2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI.P.VIJAYA KUMAR-ASG SMT.SABEENA P.ISMAIL-GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
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W.P.(C)No. 19353 of 2021 ----------------------------------------
Dated this the 6th day of October, 2021
JUDGMENT
Petitioner has approached this Court seeking a direction to effect necessary correction and re-issue the passport to him after renewing the validity of his passport for the 'normal' term.
2. The petitioner is an accused in C.C. 1159/2016 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor. By Ext.P3 order dated 27.04.2021 the learned Magistrate granted permission to the petitioner to apply for an Indian passport, though, it was specified that the same is not a permission to make a foreign journey. It is submitted that when permission is granted without specifying a time limit, the passport authority issues only a short validity passport which invariably means passport having a validity of one year. Petitioner submits that he may not be in a position to obtain a visa for the course he intends to pursue abroad, with a limited validity passport.
3. It is seen from the pleadings in this writ petition that trial in the case, C.C.No.1159 of 2016 before the JFCM-III, Perumbavoor has already started. In spite of the trial starting in 2016, nothing much seems to have happened thereafter, as can be discerned from the fact that the case is still pending in the Magistrate's Court. In such a view of the matter, it is for the Magistrate to decide whether petitioner ought to be permitted to travel abroad and whether the petitioner ought to be issued with a longer validity passport. The fact that petitioner intends to pursue study abroad is certainly a matter that merits consideration for issuing a passport with a longer validity. However, as mentioned above, it is for the learned Magistrate to consider the grant of permission, by balancing the requirements of trial in C.C. No.1156 of
2016 and the need of the petitioner.
4. Having regard to the change of circumstances, which is evident from Ext.P6 offer of admission for BBA in United Kingdom, it is for the petitioner to approach the learned Magistrate seeking permission for the proposed travel, as well as for a longer validity period for his passport. If the petitioner makes an application before the JFCM-III, Perumbavoor in C.C. No.1159 of 2016, for permission to obtain a passport with a longer validity the learned Magistrate shall consider the same and pass appropriate orders in the light of the decision in Thadevoose Sebastian Vs. Regional Passport Officer [2021 (5) KLT 531]. If such an application is filed by the petitioner, decision thereon shall be taken as expeditiously as possible, in a time bound manner.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AJ/06.10.2021 APPENDIX OF WP(C) 19353/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF FINAL REPORT IN CC NO.1159/2016.
Exhibit P2 THE TRUE COPY OF CASE STATUS REPORT IN CC NO. 1159/2016 DOWNLOADED FROM E-
COURTS.
Exhibit P3 THE TRUE COPY OF THE ORDER OF JFCM COURT-III, PERUMBAVOOR, IN CMP NO.715/2021 DATED 27/04/2021.
Exhibit P4 THE TRUE COPY OF PETITIONER'S PASSPORT BEARING NO. U2401970.
Exhibit P5 THE TRUE COPY OF ORDER IN HARIDAS VS REGIONAL PASSPORT OFFICER IN WPC NO.
26084/2013.
Exhibit P6 TRUE COPY OF THE CONFIRMTION LETTER ISSUED BY THE ALPHA ACADEMY ERNAKULAM DATED 9.8.2021.
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