A.V. Govindankutty V. Passport Officer, Passport Office, Kozhikode and The Chief Passport Officer, Ministry of External Affairs, New Delhi

WP(C)/35126/2011

AI Insights

The case involves A.V. Govindankutty, the petitioner, who holds an Indian passport and has been issued a show cause notice by the Passport Officer, Kozhikode, alleging suppression of his current address and the pendency of a criminal case. The notice also directed the petitioner to surrender his passport. Aggrieved by the direction to surrender the passport, the petitioner filed this writ petition. The court heard arguments from both sides and decided that it was premature to require the petitioner to surrender his passport at this stage, given that he had not yet responded to the show cause notice.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 799163 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 23-12-2011
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P NAIR
• Assessee Lawyers: K T SHYAMKUMAR; HARISH MENON
• Keywords: Criminal Case; Passport; Show cause notice; Surrender passport; Address suppression

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 35126 of 2011(M) -------------------------- PETITIONER(S): --------------- A.V.GOVINDANKUTTY, S/O.C.G.NAMBIAR, AGED 48 YEARS, SATHYALAYAM, TALAP P.O., KANNUR-670002. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S): --------------- 1. PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE-675001. 2. THE CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-241011. BY SRI.P.PARAMESWARAN NAIR, ASG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU WP(C).No. 35126 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FRONT AND BACK PAGES OF PASS PORT NO.E2662336 HELD BY THE PETITIONER. P2: COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY THE FILM PRODUCERS' ASSOCIATION. P3: COPY OF THE INCOME TAX PAN CARD OF THE PETITIONER. P4: COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA. P5: COPY OF THE FRONT AND LAST PAGES OF NEW PASSPORT ISSUED TO THE PETITIONER BEARING NO.K0512241. P6: COPY OF THE PAGES OF THE PASSPORT OF THE PETITIONER BEARING THE IMMIGRATION AND EMIGRATION STAMPS. P7: COPY OF THE NOTICE DATED 13/12/2011 ISSUED BY THE IST RESPONDENT. P8: COPY OF THE JUDGMENT IN STC NO.747/2005 OF THE JUDICIAL IST CLASS MAGISTRATE'S COURT, KANNUR. P9: COPY OF THE JUDGMENT IN CRL.M.C.NO.3981/2011. P10: COPY OF THE MEMO DATED 29/11/2011 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KANNUR. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 35126 of 2011 M ``````````````````````````````````````````````````````````` Dated this the 23rd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the holder of Indian passport No.K0512241. He has now been issued Ext.P7 show cause notice, calling upon him to explain on the allegation of having suppressed the present address and the pendency of a criminal case. This show cause notice also requires the petitioner to surrender the passport. It is mainly aggrieved by the direction to surrender the passport, this writ petition is filed. 2. I heard the counsel for the petitioner and also the learned Standing Counsel appearing for the respondents. 3. Now that the petitioner is called upon to show cause against the allegations in Ext.P7, it is up to the petitioner to file his objections and it is for the first respondent to decide the matter. Having regard to the contentions raised, I feel that it is premature at this stage to W.P.(C) No.35126/2011 : 2 : require the petitioner to surrender the passport. 4. Therefore, the writ petition is disposed of with the following directions:- (i) If the petitioner file his reply to Ext.P7, the matter will be adjudicated by the first respondent with notice to him. (ii) It is made clear that until a decision on Ext.P7 is taken, the petitioner shall not be called upon to surrender the passport, as mentioned in Ext.P7. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/12 // True Copy // P.A. To Judge "