ROHITH JOHN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Petitioner was issued Ext.P1 passport valid from 14.12.2006 to 13.12.2016. When the term of Ext.P1 passport was about to expire, the petitioner applied for re-issue of the passport. On the said application, the petitioner was issued Ext.P3 communication by the passport issuing authority stating that the said passport being one obtained by the petitioner on a fake address, the same has been impounded on 16.02.2016. It is mentioned in Ext.P3 communication that the passport was impounded on Ext.P4 report of the third respondent, the Additional Director General of Police (Intelligence) of the State Government. The case of the petitioner is that the address of the petitioner shown in Ext.P1 passport is the address where he was residing at the relevant time and the same was his real address at the relevant time. It is also the case of the petitioner that the District Police Chief, Kottayam during 2012 was interested in a lady named Annie Chandy who was on inimical terms with the petitioner; that the said police officer was harassing the petitioner at the instance of the said lady; that Ext.P4 communication was issued by the third respondent on a report made by the District Police Chief, Kottayam and that the said report is one submitted with a view to cause the passport of the petitioner to be impounded and thereby harass him. The petitioner, therefore, challenges Ext.P4 communication and all actions consequent thereto, in this writ petition.

(2.) A statement has been filed in the matter on behalf of the third respondent asserting that the address of the petitioner shown in Ext.P1 passport is fake. It is mentioned in the statement that the address shown in Ext.P1 passport is the address of the sister of the petitioner at the relevant time. It was, however, conceded in the statement that Ext.P4 communication was issued on a report of the District Police Chief, Kottayam.

(3.) The matter was argued on 20.03.2018. After hearing the parties for quite some time, this Court passed an interim order directing the third respondent to file an additional statement indicating the real address of the petitioner.