IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 9^TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 WP(C) NO. 14721 OF 2021 PETITIONER:

V.G.AJOHN AGED 21 YEARS S/O. JIJO V.C., VATTOLY, KONNAKUZHY, PERIYARAM P.O., - 680721, THRISSUR DISTRICT.

BY ADV SUNIL JACOB JOSE RESPONDENTS:

1 THE UNION OF INDIA REPRESENTED BY ADDL. SECRETARY (PSP) & CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.27, PATIALA HOUSE, TILAK MARG, NEW DELHI-110001.

2 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., COCHIN-682036.

BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA ADV.JAISANKAR-CENTRAL GOVT. COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

09.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner has approached this Court seeking a direction to the respondents “to secure the original Passport, bearing No.T 6686797, submitted before the authorized Visa Application Centre, appointed by the Canadian Government of India” (sic).

2. The learned Central Government Counsel, Shri.Jayasankar Nair, responded to the afore request made by the petitioner through his learned counsel Shri.Sunil Jacob Jose, saying that the competent Authority is willing to take up and consider Ext.P4; but added that the prayer of the petitioner can be acceded to only through diplomatic channels because, admittedly, his Passport is now in the custody of the Canadian Government. He submitted that, therefore, this Court may grant liberty to the 1^st respondent to liaise with the authorized Visa Application Centre approved by the Canadian Government in India, so that the petitioner's request can then be considered affirmatively.

3. I find substantial force in the submissions of Shri.Jayasankar Nair; and normally, it will not be possible for this Court to issue any orders against the Visa Application Centre, since it is acting under the authorization of a Foreign Government.

4. I am, therefore, of the firm view that it will be better for he petitioner also to accede to the afore suggestion made by Shri.Jayasankar Nair, so that this Court can direct the 1^st respondent to appropriately take up the matter with the said Visa Application Centre, so as to secure his Passport in terms of law.

In the afore circumstances, I allow this writ petition with a direction to the respondents to take appropriate action - after adverting to the petitioner's request in Ext.P4 and after affording him an opportunity of being heard - to secure his Passport, which is admittedly now in the custody of the authroized Visa Application Centre appointed by the Canadian Government in India, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/12.8 APPENDIX OF WP(C) 14721/2021 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE INTIMATION RECEIVED FROM THE NIAGARA COLLEGE CANADA DATED

14.1.2020.

Exhibit P2 PHOTOCOPY OF THE RECEIPTS ISSUED BY THE NIAGARA COLLEGE CANADA.

Exhibit P3 PHOTOCOPY OF THE EMAIL DATED 3.4.2021 ADDRESSED TO THE CANADIAN EMBASSY.

Exhibit P4 TRUE COPY OF THE REQUEST DATED 15.7.2021 OF THE PETITIONER BEFORE THE RESPONDENTS.