IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11821 of 2007(G)
1. JISHAD UPPUNGAL SIVANANDAN,
... Petitioner
Vs
1. REGIONAL PASSPORT OFFICER,
... Respondent
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent :SRI.P.A.MOHAMMED SHAH
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/12/2007
O R D E R
ANTONY DOMINIC, J.
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2007 G
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Dated this the 12th December, 2007
J U D G M E N T
Petitioner had applied to the respondent for the issue of a
passport. In the application as also in the writ petition the
petitioner has disclosed that he was a resident of Gujarath along
with his brother Shri. Prabhakaran, and his address in Gujarath is
indicated to be, Jishad Uppungal Sivanandan, C/o. Prabhakaran,
Ramson Engineering Industries, GIDC Estates, C-1,178/2, Mehsana,
Gujarath-384 002. By Ext. P1, the respondent has requested the
petitioner to furnish his complete address at Gujarath for
processing the application made by the petitioner. It is on receipt
of Ext. P1, that this writ petition has been filed praying for a
direction to the respondent to issue passport to the petitioner within
a shortest definite time frame.
2. The counter affidavit filed by the respondent shows that on
receipt of the application of the petitioner, when it was disclosed
WPC No. 11821/07 -2-
that the petitioner was a resident of Gujarath, the address furnished
by the petitioner was forwarded to the Superintendent of Police,
Mehsana, Gujarath, for verification. It is stated that on 10-12-
2004 Ext. R1 report was received from the Supdt. Of Police stating
that no such person was available in the GIDC area and the address
furnished is also incomplete. The respondent has also produced
Ext. R1D a communication issued to the Supdt. Of Police, Mehsana,
Gujarath. In this communication the petitioner’s name is shown as
G. Prabhakaran. The initial shown in Ext. R1D is taken as No. 9 and
it is on that basis the Supdt. of Police, Mehsana has issued Ext. R1E
stating that there is no such addressee and that the person is not
traceabale.
3. From the above facts, it is obvious that it is on account of
the report received from the Supdt. Of Police, Mehsana the
respondent concluded that there was no such addressee in
Gujarath. It is on that basis further information on the complete
address of the petitioner was called for by the respondent by
issuing Ext. P1.
4. A reading of the counter affidavit and the documents
annexed therewith show that the confusion is created by the
WPC No. 11821/07 -3-
respondent only. Exts. R1A and R1D show that the full address of
the petitioner was not furnished to the Supdt. Of Police. With the
address that is furnished to the Supdt. Of Police, he could not trace
out the addressee and it is therefore that had given a report that the
address is incomplete. Therefore, the respondent should take up
the matter afresh with the Supdt. Of Police, Mehsana furnishing the
full address of the petitioner as given in this judgment which is
extracted from paragraph 1 of the writ petition itself:
“Jishad
Ramson EngineeringSivanandan,
Uppungal C/o. Prabhakaran,
Industries, GIDC Estates, C-
1,178/2, Mehsana, Gujarath -384 002.”
5. In view of the above, I dispose of this writ petition directing
that the respondent shall furnish the Gujarath address of the
petitioner as indicated in this judgment and obtain a report from
the Supdt. Of Police, Mehsana, Gujarath. On receipt of the report,
the respondent shall process the application made by the petitioner
for issuing a passport to him.
6. Now that the respondent has to take up the matter to
Gujarath Police and the Gujarath Police are yet to conduct an
investigation and furnish a report, this Court is not in a position to
WPC No. 11821/07 -4-
fix any definite time frame in the matter. However, having regard
to the urgency pointed out by the petitioner as he has a visa to go
abroad to earn a living, I direct that the respondent shall expedite
the process and ensure that the information is collected and the
application of the petitioner is processed without delay.
ANTONY DOMINIC
JUDGE
jan/-