V.Gopalakrishnan v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY V.GOPALAKRISHNAN ... Petitioner Vs.
1.
THE REGIONAL PASSPORT OFFICER, FIRST FLOOR, CORPORATION COMMERCIAL COMPLEX, AVINASHI RAOD, COIMBATORE - 641 018.
2.
THE INSPECTOR OF POLICE, OOTY TOWN CENTRAL POLICE STATION, UPPER BAZAAR, OOTY - 643 001.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to issue passport to the petitioner pursuant to the petitioner's application in File No. CB5067320189325 dated 18.01.2025.
For Petitioner : Mr.Srojith Krishna For R1 : Mr.B.Ramprabu Central Government Standing Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
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The prayer in the writ petition is to issue a passport to the petitioner pursuant to the petitioner's application in File No. CB5067320189325 dated 18.01.2025.
2. Upon hearing the learned counsel for the parties and perusing the material records of the writ petition, it is clear that since an adverse police report has been received against the petitioner, the petitioner has not been issued a passport.
3. The learned Government Advocate (Crl.Side) submits that there were a total of four first information reports pending against the petitioner. Of these, two first information reports have already been referred. There are two criminal cases currently pending against the petitioner in C.C. No.10 of 2025 and S.T.C.No. 1089 of 2024 on the file of the Judicial Magistrate No. 4, Udagamangalam.
4. In this regard, the Honourable Division Bench of this Court in Regional Passport Officer vs. Samsudeen Mohamed Salih and others 2/4
(W.A.No.902 of 2023), has held that the issue of a passport need not be withheld, however, the petitioner must obtain the permission of the concerned Court before leaving the country.
5. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent is directed to consider the petitioner's application No. CB5067320189325 dated 18.01.2025 and issue a passport to him, provided there are no other impediments.
(ii) The petitioner shall obtain prior approval from the Judicial Magistrate No. 4 in C.C. No.10 of 2025 and S.T.C. No.1089 of 2024, if the petitioner chooses to leave the country.
(iii) No costs.
10.03.2025 nsl D.BHARATHA CHAKRAVARTHY, J.
nsl 3/4
To 1.
THE REGIONAL PASSPORT OFFICER, FIRST FLOOR, CORPORATION COMMERCIAL COMPLEX, AVINASHI RAOD, COIMBATORE - 641 018.
2.
THE INSPECTOR OF POLICE, OOTY TOWN CENTRAL POLICE STATION, UPPER BAZAAR, OOTY - 643 001.
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