Madras High CourtWP/2785/2021disposed of

D.Nandhakumar v. The Regional Passport Officer

2021-03-05Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.03.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.2785 of 2021 D.Nandhakumar ... Petitioner Vs 1.The Regional Passport Officer, The Regional Passport Office, Coimbatore First Floor, corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.

2.The Inspector of Police, Central Crime Branch, Tirupur District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first respondent to renew the petitioner passport No.Z1914138 upon considering the petitioner's representation dated 22.10.2020 within time framed manner.

For petitioner ...

Mr.K.Sudahkar For Respondent 1 ...

Mr.K.Gangadaran For Respondent 2 ...

Mr.V.Shanmuga Sundar, Special Government Pleader

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the first respondent to renew the petitioner's passport upon considering the petitioner's representation dated 22.10.2020 within a time frame to be fixed by this Court.

2. Heard Mr.K.Sudahkar, learned counsel for the petitioner, Mr.K.Gangadaran, learned standing counsel for the first respondent and Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the second respondent. https://hcservices.ecourts.gov.in/hcservices/

3. Admittedly, in the instant case, a charge sheet has already been filed against the petitioner and a criminal case is pending against the petitioner in C.C.No.474 of 2017 on the file of the learned Judicial Magistrate-IV,Tiruppur for the offences alleged under section 120(B), 468, 471 and 420 of IPC. Since the criminal case is pending against against the petitioner, necessarily the petitioner will have to approach the concerned criminal court for getting permission to seek renewal of his passport from the first respondent.

4. In view of the above, this writ petition is disposed of. However, liberty is granted to the petitioner to approach the criminal court namely learned Judicial Magistrate-IV, Tirupur where C.C.No.474 of 2017 is pending and seek permission from the said court for renewal of his passport. No costs. nl Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Regional Passport Officer, The Regional Passport Office, Coimbatore First Floor, corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.

2.The Inspector of Police, Central Crime Branch, Tirupur District.

3. The Judicial Magistrate IV, Tirupur.

1 cc to Mr. K. Gangadaran, Advocate Sr.14607 W.P. No.2785 of 2021 RGN(CO) EU 8.3.2021 https://hcservices.ecourts.gov.in/hcservices/