Akeel Zafar Chemmad Puthiyapurayil vs The Chief Passport Officer, The Regional Passport Officer and Superintendent of Police

P.R. Ramachandra Menon, J.—The Petitioner is stated as aggrieved of the stand taken by the Respondents in not accepting Ext. P7 for issuance of passport referring to the pendency of criminal case, which the Petitioner himself has conceded before the Respondents. The learned Counsel for the Petitioner submits that the Petitioner had earlier approached this Court because of laxity on the part of the Respondents, however, the said writ petition was sought to be withdrawn without prejudice to the right of the Petitioner to approach this Court again.

After curing all the defects, a proper application as borne by Ext. P7 has been submitted by the Petitioner before the second Respondent on 02.05.2011, clearly mentioning the pendency of the criminal case, but then also the same was not accepted, stating that, unless and until clearance is obtained from the concerned Court, the application cannot be accepted, which according to the Petitioner is not correct or proper.

The learned Standing Counsel appearing for the Respondents submits that the earlier application preferred by the Petitioner was closed as per Ext.P6, for not producing the clearance from the Court, where the criminal case has been pending. It is stated that, there is no problem for accepting Ext. P7, but if Court clearance is not there, it has to be again closed, as the Respondents will not be in a position to process and proceed with the application.

The learned Counsel for the Petitioner submits that the Petitioner is ready and willing to approach the concerned Court (i.e., Additional Sessions Court, (Adhoc-III) Kasaragod) where S.C. No. 645 of 2010 is pending, for obtaining clearance and that the Respondents may be directed to accept Ext. P7 and process the same, subject to production of clearance as above. After hearing both the sides, the writ petition is disposed of, directing the second Respondent to accept Ext. P7 and take further steps, on production of necessary clearance to be obtained from the Sessions Court as mentioned above.

Appropriate orders shall be passed, finalising the proceedings within one month from the date of production of clearance as aforesaid.