High CourtsSingle Bench(2022) 09 KL CK 0175

Vasim Ahammed vs State Of Kerala

High Court Of Kerala · Decided on 29 September 2022

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 30996 Of 2022

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Judgment

12 paragraphs · 341 words

P.V.Kunhikrishnan, J

1.

This writ petition is filed with following prayers:

i. Issue a writ of certiorari of any appropriate writ order or direction, quashing Ext P3 order of impounding the passport which is non-est under law.

ii. Issue a writ of mandamus or any appropriate writ order or direction, commanding the 3rd Respondent to return the passport to the Petitioner which is impounded by the 2nd Respondent.

iii. Issue a writ of mandamus or any appropriate writ order or direction, commanding the 4th Respondent to take up and dispose of the Ext P6 appeal as expeditiously as possible.

iv. Grant such other reliefs prayed for from time to time including cost of these proceedings.

(SIC)

2.

Petitioner is aggrieved by Ext.P3 order impounding his passport. The petitioner earlier filed a writ petition challenging the same and this Court, as per Ext.P5 judgment, dismissed the writ petition allowing the petitioner to file an appeal. Accordingly the petitioner filed Ext.P6 appeal before the appellate authority. Now the petitioner need to go back to Dubai for resuming his job. The grievance of the petitioner is that an interim direction may be issued to release the passport. When the appeal is already pending before the appellate authority, the petitioner has to approach the appellate authority for appropriate relief. There can be a direction to the appellate authority to consider the appeal within a time frame. The petitioner is also free to approach the appellate authority for interim relief, if any.

Therefore, this writ petition is disposed of in the following manner:

1.

The 4th respondent is directed to consider and pass appropriate orders in Ext.P6, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment.

2.

The petitioner is free to file an application for an interim relief and the appellate authority will consider the same also immediately.

3.

The petitioner will produce of a copy of the writ petition along with certified copy of the judgment before the 4th respondent for compliance.