S.Tamilarasan v. K.Palravindran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Tamilarasan ... Petitioner Vs.
1.
Mr.K.Palravindran, Regional Passport Officer, O/o.Regional Passport Officer, Coimbatore, First Floor, Corporation Commercial Complex, Opp.Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.
The District Superintendent of Police, Madurai.
(R-2 suo motu impleaded as per the order in Cont.P. No.552 of 2024 dated 01.04.2024)
...Respondents
Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971 to punish the respondent herein for the acts of Contempt of Court for the disobedience of the order passed in W.P.No.19552 of 2023 dated 10.07.2023 on the file of this Court.
For Petitioner : Mr.V.Alex Benny For R1 : Mr.S.V.Jayakumar CGC For R2 : Mr.S.Vinothkumar Government Advocate (Crl.Side)
O R D E R
The contempt petition has been instituted to punish the respondents for their wilful disobedience of this Court order dated 10.07.2023, passed in W.P.No.19552 of 2023.
This Court passed the following order:
"6. Therefore, the petitioner is directed to submit his explanation before the respondent in response to the Show Cause Notice dated 22.03.2022 issued by the respondent, within a period of two weeks from the date of receipt of copy of this order. On receipt of such explanation, the respondent is directed to consider the same on merits and pass final orders in accordance with law and in the light of Section 6 of the Passports Act, 1967, within a period of four weeks from the date of receipt of explanation from the petitioner.
7. With the above directions, the writ petition is disposed of. No costs."
3.
With reference to the directions issued, the Regional Passport
Officer has initiated action to get a Report from the Superintendent of Police, Madurai. Since the Passport Officer had not received Report in time, he could not able to consider the representation filed by the petitioner. 4.
Thus, this Court suo motu impleaded District Superintendent of Police, Madurai for the purpose of submitting a Report to the Regional Passport Officer enabling the Passport Officer to consider the claim of the petitioner.
5.
Mr.S.Vinothkumar, learned Government Advocate (Criminal side) appearing on behalf of the 2nd respondent/District Superintendent of Police, Madurai based on the letter dated 03.04.2024 sent by the Superintendent of Police, Madurai District to the Passport Officer, Coimbatore states that the petitioner has involved in a criminal case registered at Kottampatti Police Station in Crime No.11 of 2021 under Sections 1147, 341, 294(b), 323 IPC r/w 4 of TNPHW Act and the criminal case is under investigation. The Inspector of Police, Kottampatti Police Station has given a Report and objected to grant passport to the petitioner. 6.
When the police Authorities have raised objection for issuance of
passport to the petitioner and a criminal case registered against the petitioner is under investigation, the petitioner is not entitled for the relief even from the hands of the Regional Passport Officer. However, the petitioner is at liberty to approach the competent jurisdictional Criminal Court for seeking appropriate relief in the manner known to law.
7.
In view of the above fact, the respondents have not committed wilful disobedience of this Court order dated 10.07.2023, passed in W.P.No.1955 of 2023. Thus, the contempt petition stands dismissed. 12.04.2024 veda Index:Yes/No Speaking order/Non-speaking order
To 1.
Mr.K.Palravindran, Regional Passport Officer, O/o.Regional Passport Officer, Coimbatore, First Floor, Corporation Commercial Complex, Opp.Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.
The District Superintendent of Police, Madurai.
S.M.SUBRAMANIAM, J.
veda 12.04.2024