Kerala High Court
Thomas Mathew vs Regional Passport Officer on 9 March, 2003
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 23RD DAY OF OCTOBER 2017/1ST KARTHIKA, 1939
WP(C).No. 33547 of 2017 (P)
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PETITIONER:
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THOMAS MATHEW,
AGED 68 YEARS, S/O MATHEW MATHEW,
PANTHIRUVELIL HOUSE, PONKUNNAM PO,
KOTTAYAM DISTRICT.
BY ADV. SRI.LAL GEORGE
RESPONDENT(S):
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1. REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPALLY NAGAR PO, KOCHI.682036.
2. SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
KOTTAYAM UNIT, KOTTAYAM, PIN.
3. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI.PIN.110001.
R1,R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
SMT C.G.PREETHA,CGC
R2 BY GOVERNMENT PLEADER SMT VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 33547 of 2017 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE BYLAW OF THE
BANK WHICH PERMITS CHEQUE DISCOUNTING FACILITY.
EXHIBIT P2 TRUE COPY OF THE LETTER NO.H.C 214/09 DATED 09.03.2003
OBTAINED FROM THE SECRETARY, KANJIRAPPALLY GRAMA
PANCHAYAT OFFICE EVIDENCING THESE FACTS.
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 13.7.2011 OBTAINED FROM
THE SUB TREASURY OFFICE, PONKUNNAM UNDER THE RIGHT TO
INFORMATION ACT, REGARDING THE LOSS OF CHEQUE LEAVES
FROM THE VPF ACCOUNT NO 423193 OF KANJIRAPPALY GRAMA
PANCHAYAT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20.5.2009 ISSUED FROM
THE PONKUNNAM SERVICE CO-OPERATIVE BANK LIMITED IN
THAT REGARD.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 14.7.2011 ISSUED
FROM THE PONKUNNAM SERVICE CO-OPERATIVE BANK
EVIDENCING THE FINANCIAL POSITION OF THE BANK DURING
THE PERIOD 2003-04.
EXHIBIT P6 TRUE COPY OF THE FACTUAL REPORT DATED 31.5.08.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED FROM THE
LISSY HOSPITAL ERNAKULAM IN THAT REGARD.
EXHIBIT P7(A) TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED FROM THE
LISSY HOSPITAL ERNAKULAM IN THAT REGARD.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 26.4.2017 CALLING FOR
THE EXPLANATION FROM THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE EXPLANATION DATED 02.6.2017.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19.6.2017.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
K. VINOD CHANDRAN, J.
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W.P.(C) No. 33547 of 2017 (P)
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Dated: 23rd October, 2017
J U D G M E N T
The petitioner is aggrieved with the rejection of a passport application at Ext.P10. The passport application was rejected for reason of non disclosure of a crime pending against the petitioner.
2. The petitioner submits that about 14 years back, when he was employed as a Secretary of Ponkunnuam Service Co-operative Bank, one of the customers had discounted two cheques, which later turned out to be cheques which were stolen from the Panchayat. The Vigilance and Anti-Corruption Bureau had initiated a proceeding against him and despite a factual report having been submitted, as is seen from Ext.P6, there is no charge submitted before Court. The W.P.(C) No. 33547/2017 -2- crime has been registered before the Enquiry Commissioner and Special Judge (Vigilance), Kottayam.
3. The learned Counsel for the petitioner submits that only since the application was made through another, he did not disclose the said crime status. In fact, the petitioner's remedy would be to approach the Court, in which the crime is pending and seek for a short validity passport. The petitioner will be free to make a fresh application after getting permission from the Vigilance Court.
Leaving open such remedy, the writ petition is closed. No Costs.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 23/10/17