2025:KER:29910 WP(C) NO. 11449 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 11449 OF 2025 PETITIONER/S: JAYAN P. KARUNAKARAN,AGED 49 YEARS S/O. KARUNAKARAN, OOLANIYIL HOUSE, EZHACHERRY P.O., KOTTAYAM DISTRICT, PIN - 686651 BY ADV B.RAJESH (KOTTAYAM) RESPONDENT/S: REGIONAL PASSPORT OFFICER, KOCHI, OFFICE OF THE REGINAL PASSPORT OFFICE, PANAMPALLY NAGAR, KOCHI, PIN - 682036 SRI. C.DINESH (DSGI-INCHARAGE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29910 WP(C) NO. 11449 OF 2025 2 JUDGMENT Petitioner was the holder of passport bering No.C.5997497 issued by the respondent. On the allegation that the petitioner had not disclosed that he was accused in a criminal case, at the time of applying for reissue of the passport, the petitioner was called upon to surrender the passport. The passport was surrendered by the petitioner on 06.02.2025. The petitioner is before this Court, seeking the following reliefs:- ‘’1) To issue a writ of Mandamus or any other appropriate writ, order or direction, commanding the respondent as per Exhibit P2 Notice dated 06/01/2025 Passport officer have no authority to direct the petitioner to surrender the Passport No.C 5997497 and retain the same; 2) To issue a writ of Mandamus or any other appropriate writ, order or direction, commanding the respondent to given back the Passport No.C 5997497, in the interest of Justice; 3) To issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondent to issue fresh Passport having 10 years Period without insisting further Court order by considering EXHIBIT P6 Application.’’ 2. Learned DSGI appearing for the respondent, on instructions, would submit that the passport of the petitioner, referred to above was surrendered by the petitioner and was 2025:KER:29910 WP(C) NO. 11449 OF 2025 3 also destroyed. It is submitted that, the application now filed by the petitioner for re-issue of passport can be processed in accordance with the law, also taking into account the provisions of the notification of GSR 570(E) dated 25.08.1993. 3. Learned counsel appearing for the petitioner submits that the petitioner has obtained Exhibit P3 permission from the Judicial First Class Magistrate Court-I, Pala [CMP No.32/2025 in C.C. No.774 of 2023] for reissue of passport. It is submitted that, the court did not fix any period for which the passport could be issued, as a result of which the respondent is taking the stand that the passport can be re-issued with a validity of only one year. It is submitted that, in order to avail employment opportunities abroad, the petitioner has to have a passport with a minimum validity period of five years. 4. Having heard the learned counsel appearing for the petitioner and the learned DSGI appearing for the respondent, the writ petition will stand disposed of, directing that if the petitioner were to file a fresh application before the Judicial First Class Magistrate Court-I, Pala in C.C. No.774 of 2023, the said court shall consider whether permission can be granted to the petitioner to apply for re-issue of passport with 2025:KER:29910 WP(C) NO. 11449 OF 2025 4 a minimum validity period of five years also taking into account the allegations in the case registered against the petitioner. The Judicial First Class Magistrate Court-I, Pala shall also clearly specify in the order the period for which the passport can be issued to the petitioner. Considering the urgency of the matter, it is also directed that, on the petitioner producing a copy of this judgment before the Judicial First Class Magistrate Court-I,Pala, the said court shall consider the fresh application to be filed by the petitioner as above and pass orders thereon within a period of two weeks from the date on which the application is filed. Thereafter, it will be open to the petitioner to approach the respondent for re-issue of passport. Writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt 2025:KER:29910 WP(C) NO. 11449 OF 2025 5 APPENDIX OF WP(C) 11449/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF RELEVENT PAGE OF NEWLY RENEWED PASSPORT NO.C5997497 Exhibit -P2 TRUE COPY OF SHOW CAUSE NOTICE DATED 06/01/2025 GIVEN BY PASSPORT OFFICER Exhibit -P3 TRUE COPY OF ORDER DATED 09/01/2025 OF JFCM COURT PALAI IN CMP 32/2025 IN CC NO.774/2025 Exhibit -P4 TRUE COPY OF REPLY FILED BY THE PETITIONER DATED 06/02/2025 TO THE PASSPORT OFFICER Exhibit -P5 TRUE COPY OF INTIMATION DATED 06/02/2025 FROM PASSPORT OFFICE, DIRECTED TO FILE FRESH APPLICATION. Exhibit -P6 TRUE COPY OF INTERVIEW SLOT SLIP AND FEE REMITTANCE ONLINE SLIP Exhibit -P7 TRUE COPY OF ID CARD ISSUED BY MAR GREGORIOUS MERCY HOME Exhibit -P8 TRUE COPY OF IDENTITY CARD, ISSUED BY FERNANDUS CAREGIVING & TRAINING CENTRE