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2026 Supreme(Online)(Ker) 6040

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ALI SHADULI KADALUNDI KUDAKKATAKATH – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 44956 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.ASADU AHMMED CHULLINTE, SMT.MEHNA IBRAHIM
For the Respondents: ADV.O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

The judgment establishes the procedure for review of passport impounding, emphasizing the necessity of timely administrative action.

Headnote:This writ petition seeks to challenge the continued impounding of the petitioner's passport and requests for its release. The court, referring to prior judgments, directs the petitioner to make a representation to the Ministry of External Affairs, mandating a decision within two months (paragraph 2). The central issue framed was the legality of the impounding of the passport and the reasonable expectation of its release (paragraph 1). The court concluded by providing a timeline for review and leaving all other contentions open (paragraph 2).

Table of Content
1. the basis for the writ petition regarding passport impounding. (Para 1)
2. court's directive for timely review of the passport impounding. (Para 2)

JUDGMENT

The writ petition is filed with the following prayers:-

i) Issue a writ of certiorari or any other appropriate writ, order or direction, commanding the Respondents to call for and produce the records that formed the basis for continued impounding of the Petitioner’s passport bearing No. U4192283 and set aside the impugned Exhibit P5 order.

ii) Issue a writ of mandamus or other appropriate direction directing the 3rd Respondent, being the Regional Passport Officer, and the competent authority in the Ministry of External Affairs, to issue passport to the petitioner upon application by the petitioner within a time-bound period as fixed by this Hon’ble Court.

iii) Issue such other writ, order or direction, which this Hon'ble Court may deem just, fit and proper to grant in the fact and circumstances of the case.

iv) Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.

2. Fact remains that the petitioner's passport is not yet released and also taking note of the judgment of this Court in W.P.(C) No.19210 of 2022 and the connected cases, the writ petition is disposed of directing the petitioner to prefer a representation before the 2nd respondent, within ten days from today, who shall consider the same in accordance with law, and with notice to the petitioner and also in the light of the observations made in the judgment dated 22.08.2022 in W.P.(C) No.19210 of 2022 and the connected cases. Fresh orders shall be passed within two months from the date of receipt of a copy of this judgment. All the contentions of the petitioner are left open.

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