Petitioner applied for passport. However, on account of adverse findings, that application was closed. Thereafter, petitioner applied for fresh passport on 11.11.2014. Petitioner submits that there are three criminal cases pending before the Judicial First Class Magistrate Court-I, Neyyattinkara. Petitioner requests that passport authority may be directed to consider petitioner's application without obtaining necessary orders from the Court where the criminal cases are pending.
2. This Court in Asok Kumar Vs. State of Kerala (2009(2) KLT 712) held that passport authority can issue passport based on the permission granted by the Court where the criminal cases are pending.
3. In view of the above, petitioner can approach the Judicial First Class Magistrate Court-I, Neyyattinkara. If any application is filed by the petitioner, such application shall be considered by the learned Judicial First Class Magistrate, Neyyattinkara within a period of ten days of moving such application in the light of the judgment in Asok Kumar Vs.
W.P(C).No.31077 of 2014 2 State of Kerala (2009(2) KLT 712). If the Court passes any favourable order, petitioner shall approach the passport authorities. Passport authority shall process the application based on the order of Judicial First Class Magistrate Court-I, Neyyattinkara within a further period of four weeks in accordance with law.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/21/11/14