Pannalai Rathore v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 11.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.22347 of 2004 Pannalal Rathore

...Petitioner

Vs 1.The Regional Passport Officer, Regional Passport Office, Sastri Bhavan, Chennai - 6.

2.J R S Export, a Partnership firm, rep.by Francis Jayabalan, 9, Patal Madavan Road, Mahalingapuram, Chennai - 34.

3.Francis Jayabalan, Partner J R S Export, 9, Patal Madavan Road, Mahalingapuram, Chennai - 34.

4.Pathmeswari Jayabalan, Partner J R S Export, 9, Patal Madavan Road, Mahalingapuram, Chennai - 34.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to take appropriate action on the representations made by the petitioner to the first respondent on 20.05.2004, 02.06.2004 for impounding the Passports of the respondents 3 and 4 herein in exercise of the powers u/s 10 (1) (e) and (h) of the Passports Act, 1967.

For Petitioner : Mr.V.Srinivasan For Respondents: Mrs.Swarnalatha, ACGSC for R1 R2to R4 - Dismissed vide order dated 26.08.2011

O R D E R

The prayer in the present writ petition is for a Mandamus directing the respondents to impound the passports of the respondents 3 and 4 herein on the ground that non-bailable warrant is pending against them in the criminal proceedings in C.C.Nos.448, 449 of 2003 and 450, 451 of 2004 under Section 138 of the Negotiable Instruments Act.

2.Today, when the matter was called, the learned counsel for the petitioner submitted that though he has tried to contact his client, he is unable to get instructions. 3.The learned Standing Counsel for the first respondent also submits that they are not aware of the stage of the criminal proceedings, since they are not parties to the same. 4.Since almost 15 years have lapsed after the criminal proceedings were initiated, it would not be appropriate to grant the prayer sought for in the present writ petition and thereby, impound the passports of the respondents 3 and 4 herein. Nevertheless, if the grievance of the petitioner still exists, it is always open to him to approach the concerned authorities and seek for necessary reliefs.

5.With the above observations, the writ petition stands closed. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar jas/hvk

To The Regional Passport Officer, Regional Passport Office, Sastri Bhavan, Chennai - 6.

+1cc to Mrs.Swarnalatha, Advocate SR.No.36363 W.P.No.22347 of 2004 SVI(CO) GMY(27/05/2019)