High Court Kerala High Court

Sagar Rajappan Nair vs Union Of India Represented By The on 14 September, 2007

Kerala High Court
Sagar Rajappan Nair vs Union Of India Represented By The on 14 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25019 of 2007(C)


1. SAGAR RAJAPPAN NAIR, AGED 27 YEARS,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA REPRESENTED BY THE
                       ...       Respondent

2. THE PASSPORT OFFICER, PASSPORT OFFICE,

3. THE SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.SATHISH NINAN

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/09/2007

 O R D E R
                    ANTONY DOMINIC, J.
                   ===============
                 W.P.(C) NO. 25019 OF 2007
               ====================

         Dated this the 14th day of September, 2007

                       J U D G M E N T

The prayer in this writ petition is to quash Ext.P5 and

to direct the 2nd respondent to renew Ext.P1 passport of the

petitioner forthwith. Ext.P5 is an order issued by the 1st

respondent declining to renew the passport of the petitioner

on the allegation that he had suppressed the fact that a

criminal case is pending against him while applying for a

passport. Accordingly, on this basis penalty was also sought

to be imposed on the petitioner. This court by order dated

17/8/07 directed the Assistant Solicitor General to take

instructions as to whether the petitioner was involved in any

criminal case, taking into account the positive assertion

made by him in the writ petition that there is no such case

pending against him. It is today submitted by the learned

counsel for the respondents that the petitioner is not

WPC 25019/07
: 2 :

involved in any criminal case and that he was only one of

the respondents in OP 548/05 before the Family Court,

Thiruvalla, the judgment of which is Ext.P6. Now that it is

evident that he he was not involved in any criminal case,

Ext.P5 cannot be sustained.

2. Accordingly, quashing Ext.P5, I direct the

respondents to renew the passport of the petitioner, as

expeditiously as possible, at any rate within a period of one

month from the date of receipt of a copy of this judgment.

3. Petitioner is directed to produce a copy of this

judgment before the concerned respondent for compliance.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp