IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3135 of 2011(N)
1. SUSANTH MATHEW ,S/O.MATHEW, PANAKKAL
... Petitioner
Vs
1. THE PASSPORT OFFICER
... Respondent
For Petitioner :SRI.N.SUKUMARAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/02/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 3135 of 2011 N
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Dated this the 1st day of February, 2011
J U D G M E N T
Petitioner is a football player. In order to
participate in the Football Matches in connection with the
Asian Football Cup, petitioner has to travel to Thailand,
Hongkong and Indonesia. He was issued an Indian passport
bearing No.2541049. The passport expired on 06-10-2010.
But, however, the petitioner did not make an application within
time to get it extended. Therefore, he made an application
before the respondents on 24-01-2011 for a fresh passport,
with a request to issue a passport under the Tatkal scheme.
It is stated that along with the application, the old passport
was also surrendered by the petitioner.
2. According to the petitioner, subsequently, one copy
of the application made by him was returned with an
endorsement to resubmit the same with the verification
certificate from the concerned police station. It is stated that
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thereupon he obtained Ext.P3 verification certificate from the
Sub Inspector of Police, Ambalavayal. Ext.P3 verification
certificate along with Ext.P3(a), the identity card of the Sub
Inspector, was submitted before the respondent. Thereupon,
the respondent took objection that Ext.P3 certificate was not
in the official letter pad of the Sub Inspector and that the
verification certificate has to be in the official letter pad.
Petitioner again approached the Sub Inspector, who
thereupon, issued Ext.P4 letter stating that he does not have
any official letter pad and that therefore it was not possible to
issue verification certificate in the letter head.
3. Petitioner states that he has to obtain and submit
the passport before 03-02-2011 and it is in these
circumstances, this writ petition has been filed. It is stated in
the writ petition that petitioner was summoned to join in the
East Bengal Team at Calcutta, so he has left for Calcutta on
28-01-2010 and it is therefore that his brother has filed this
writ petition on his behalf.
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4. In view of the urgency noticed above, the Assistant
Solicitor General was directed to obtain instructions in the
matter. Instructions have been obtained from the respondent
and from which, it is seen that on receipt of the application
and the expired passport, it was noticed that the date of birth
indicated in the passport was fabricated and thereupon a fine
of `5,000/- was imposed on the petitioner which has been
remitted by him.
5. As far as the police verification report is concerned,
it is submitted on behalf of the respondent that in terms of the
system followed by the respondent, the police verification
report has to be in the official letter pad of the officer who
issues the same. It is stated that the petitioner has to comply
with that requirement.
6. Thus, the only objection that now stands in the way
of the petitioner is that Ext.P3 verification certificate is not in
the official letter pad of the Sub Inspector of Police, who
issued the same. In my view, this objection is absolutely
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unsustainable. First of all, there is no statutory provision
mandating that the official letter pad should be used for
issuing the police verification certificate. Secondly, if the
officer, who issues the certificate, does not have an official
letter pad, that cannot result in a situation where a citizen is
deprived of his valuable time to be issued a passport.
Therefore, I am not willing to accept the contention raised by
the respondent in this behalf, particularly having regard to the
consequences that the petitioner, a youngster, will be loosing
his opportunity to participate in the Asian Football Cup Match,
which is a rare opportunity.
7. Therefore, I direct that, on the production of a copy
of this judgment, if the application made by the petitioner is
otherwise in order, the respondent will accept Ext.P3, ignoring
the fact that the same is not in the official letter pad of the Sub
Inspector of Police, Ambalavayal, who has issued the same.
On that basis, the application of the petitioner will be
processed under the Tatkal scheme and passport will be
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issued to him.
Writ petition is disposed of as above.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge