IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7995 of 2009(T)
1. ABDUL RASHEED.A., ALIYAKKADA,
... Petitioner
Vs
1. THE PASSPORT OFFICER,
... Respondent
2. THE STATION HOUSE OFFICER,
3. THE DISTRICT SUPERINTENDENT OF
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/03/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 7995 OF 2009 (T)
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Dated this the 27th day of March, 2009
J U D G M E N T
The prayer sought in this writ petition is to quash Ext.P5 and
to direct the 2nd respondent to conduct an enquiry into Ext.P4 and
issue a certificate of loss of passport.
2. Petitioner was holding an Indian Passport bearing
No.2531345 issued from the 1st respondent’s office. It is stated
that he lost the passport while travelling from Burnassery to
Kannur within the jurisdiction of the 2nd respondent.
3. However, he made an application for a fresh passport
without disclosing the loss of the earlier passport. However, that
application was closed as per Ext.P1, leaving it open to the
petitioner to make an application afresh after completing the
procedural formalities. Thereafter, it is stated that he reported
the loss of passport to the 2nd respondent and finally, the 2nd
respondent made Ext.P5 report to the 3rd respondent expressing
his inability to issue the certificate of loss of passport. A reading
of Ext.P5 shows that it was mainly because the petitioner had
suppressed the fact of loss of passport when he made application
WPC 7995/09
:2 :
for a fresh passport that the second respondent expressed his
inability to issue the certificate.
4. In my view, the said fact though is correct, is irrelevant
in so far as the request of the petitioner for certificate of loss of
passport is concerned.
5. When an application for certificate of loss of passport is
made, what is required to be done by the 2nd respondent is to
enquire into the correctness of the assertion, and if the passport
is found to be irretrievably lost, to issue a certificate to that effect.
In this case, such an endeavour is not seen made and the reason
stated in Ext.P5 being irrelevant, I set aside Ext.P5 and direct the
2nd respondent to enquire into Ext.P4, and if satisfied, issue the
certificate of loss of passport to the petitioner. This shall be done,
as expeditiously as possible, at any rate within 6 weeks of
production of a copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp