IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37651 of 2009(B)
1. MAJEED PARAMBATH, KOKKAPARAMBIL HOUSE,
... Petitioner
Vs
1. THE CHIEF PASSPORT OFFICER
... Respondent
2. REGIONAL PASSPORT OFFICER,
3. PORT REGISTRATION OFFICER
For Petitioner :SMT.K.SUNITHA VINOD
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/01/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
------------------------------------------------
W.P.(C)No.37651 of 2009
------------------------------------------------
Dated this the 13th day of January, 2010
JUDGMENT
The petitioner herein is the holder of a Passport
No.G 3068856 dated 1/6/2007. The validity of the same is from
1/6/2007 to 31/5/2017. The employment was obtained through
an overseas employment recruitment agent cum travel agent.
The petitioner returned to Kochi on 20/7/2009 and on his return,
the passport was seized by the Passport Authorities in the
airport alleging that there is an alteration regarding the date of
birth of petitioner in the passport. The petitioner pleaded
ignorance of any alteration. Subsequently he was issued Ext.P2
letter and thereafter the second respondent, stating that the
explanation regarding the tampering of the date of birth is not
satisfactory, issued an order No.CP 00096/09 dated 23/9/09
intimating that it has been decided to impound/revoke the
passport of the petitioner under Section 10(3) of the Passport
Act, 1967. Challenging the same, an appeal was filed as Ext.P5
before the first respondent. Aggrieved by the delay in the
W.P.(C)No.37651 of 2009
2
matter of the disposal of the appeal, this writ petition happened
to be filed.
2. This court passed an interim order dated 4/1/2010
directing the appeal to be heard on 8/1/2010.
3. The learned counsel for the petitioner submits that
pursuant to the direction given by this court on 4/1/2010 an
interim order was passed in the appeal on 11/1/2010. The
operative portion of the order reads as follows:-
Having gone through all the records and in the light
of full facts and circumstances of the case, I decide
as under:-
(i) PO’s decision to impound/revoke the passport is
reiterated.
(ii) Appellant’s application for passport with correct
particulars will be considered by the PO as a fresh
case subject to usual checks and procedure, after a
payment of fine of Rs.10,000/- (Rupees Ten
thousand only) is remitted by the appellant at the
PO.
(iii) The appeal is allowed.
4. In the light of the above, there will be a direction that
on the petitioner filing an application along with payment of an
amount of Rs.10,000/- appropriate action will be taken by the
W.P.(C)No.37651 of 2009
3
second respondent within a period of 10 days thereafter, in
terms of the direction passed in appeal.
The writ petition is accordingly disposed of.
T.R.RAMACHANDRAN NAIR, JUDGE
skj