WP(C) NO. 40990 OF 2024 1 2025:KER:26126 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 40990 OF 2024 PETITIONER: PAUL CHAKOLA, AGED 49 YEARS S/O. VARGHESE CHAKOLA, CHAKOLA HOUSE, MISSION QUARTERS, THRISSUR-NOW RESIDING AT FLAT NO. 1010, SPRING OASIS TOWER, DUBAI SILICON, OASIS, DUBAI UNITED ARAB EMIRATES, PIN - 680001 BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN JISSMON A KURIAKOSE SANAL C.S RESPONDENTS: 1 THE UNION OF INDIA, REP. BY ITS SECRETARY TO THE GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN - 110001 2 THE REGIONAL PASSPORT OFFICER, OFFICE OF THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN, PIN - 682036 3 ADDL.R3. CONSULATE GENERAL OF INDIA, DUBAI, AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O. BOX 737, DUBAI, UNITED ARAB EMIRATES [ADDL.R3 IS IMPLEADED AS PER ORDER DATED 07.01.2025 IN I.A.3/2024 IN WP(C)40990/2024] BY ADV DEPUTY SOLICITOR GENERAL OF INDIA SRI. T.C.KRISHNA, SCGC, SRI. SREEJITH V.S., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 40990 OF 2024 2 2025:KER:26126 JUDGMENT The petitioner has approached this Court seeking the following reliefs: (i) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to grant/issue renewed passport to the petitioner in order to enable him to legalise UAE residential visa status and travel from abroad to Kerala in the interest of justice. (ii) Issue a writ of Mandamus or any other writ order or direction commanding the second respondent to issue appropriate communications to the Indian Consulate of Dubai (UAE) in order to grant permission to the petitioner for renewing his passport in the interest of justice. (iii) Issue a writ of Mandamus or any other writ order or direction commanding the second respondent to issue the order to release the impoundment of petitioner's passport in order to pursue further remedy in accordance with law. iv. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.” 2. When the matter came up for consideration on the last occasion, learned Central Government Counsel submitted that the earlier passport issued to the petitioner bearing No.Z1849682 (issued on 01.07.2008) was impounded as the petitioner has not disclosed the fact that he was an accused in a criminal case at the time of issue/re-issue of the said passport. 3. The learned counsel appearing for the petitioner submits that the petitioner was never served with a copy of the order impounding his passport. WP(C) NO. 40990 OF 2024 3 2025:KER:26126 4. The learned Central Government Counsel submits that the order was duly communicated to the petitioner and a copy of the order dated 01.04.2024 impounding the passport of the petitioner bearing No.Z1849682 has been placed before me. 5. The learned counsel appearing for the petitioner submits that a reading of the order dated 01.04.2024 impounding the passport of the petitioner itself shows that the petitioner was never issued with any show cause notice and was not heard before his passport was impounded. It is submitted that the passport bearing No. Z1849682 has already expired. It is submitted that in such circumstances, the Regional Passport Officer, Cochin may be directed to consider the application of the petitioner for re-issue of passport in accordance with the law, if necessary after adjudicating the issue of impounding of the petitioner’s passport afresh. 6. Having heard the learned counsel for the petitioner and the learned Central Government Counsel, this Writ Petition will stand disposed of directing that the order dated 01.04.2024 issued to the petitioner [a copy of which has now been made available to the learned counsel for the petitioner] shall be treated as a show cause notice. The petitioner shall file a suitable reply showing cause as to why the passport issued to the petitioner shall not be impounded. WP(C) NO. 40990 OF 2024 4 2025:KER:26126 The Regional Passport Officer, Cochin shall take a decision in the matter after considering the reply to be submitted by the petitioner as above. Based on the decision to be taken by the Regional Passport Officer, Cochin following the reply submitted by the petitioner any application filed by the petitioner for re-issue of passport shall be considered in accordance with the law. The petitioner shall submit his reply as directed above within a period of two weeks from the date of receipt of a certified copy of this judgment. Writ petition ordered accordingly. Sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 40990 OF 2024 5 2025:KER:26126 APPENDIX OF WP(C) 40990/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT BEARING NO E8256051 ISSUED BY THE 2ND RESPONDENT DATED 19/4/2004 TO THE PETITIONER Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT BEARING NO Z030178 ISSUED BY THE 2ND RESPONDENT DATED 23/1/2007 TO THE PETITIONER Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT BEARING NO Z1849682 DATED 1/7/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 A TRUE COPY OF EMAIL COMMUNICATION DATED 23/10/2024 OF THE PETITIONER TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF EMAIL COMMUNICATION DATED 30/10/2024 FROM THE 2ND RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE ORDER IN W.P(C) NO. 27482/2023 DATED 21/8/2023 Exhibit P7 A TRUE COPY OF COMMUNICATION DATED 11/09/2023 OF THE OFFICE OF 2ND RESPONDENT TO THE PETITIONER Exhibit P8 A TRUE COPY OF E-MAIL COMMUNICATION DATED 19/09/2023 OF THE PETITIONER TO THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF COMMERCIAL LICENSE NO. 576968 ISSUED BY THE GOVERNMENT OF DUBAI TO THE PETITIONER Exhibit P10 TRUE COPY OF E-MAIL COMMUNICATION FROM THE 2ND RESPONDENT DATED 09/12/2024 MADE TO THE PETITIONER Exhibit P11 TRUE COPY OF THE REPLY E-MAIL FROM THE PETITIONER DATED 17/12/2024