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Madras High CourtWP/7391/2025disposed of

R.Thamizharasan v. The Authorised Officer

2025-03-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R.THAMIZHARASAN ... Petitioner Vs 1.

THE AUTHORISED OFFICER, REGIONAL PASSPORT OFFICE, CHENNAI ROYAL TOWERS, NO. 2 AND 3, 4TH FLOOR, NEW NO 158, ANNA SALAI, CHENNAI - 600 002.

2.

THE INPECTOR OF POLICE, MANGALAMPET P.S (POLICE STATION) MANGALAMPET, CUDDALORE DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, direct the first and second respondents to issue the passport in Application No. MA4065957554923 on 09.11.2023. For Petitioner : Mr.V.Daivasigamani For R1 : Mr.K.Subbu Ranga Bharathi For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4

ORDER

This writ petition is filed to direct the first and second respondents to issue the passport in Application No. MA4065957554923 on 09.11.2023.

2. When the matter came up for admission, it was represented on behalf of the respondents that an adverse police report was given against the petitioner. It is the case of the respondents that a criminal case is now pending in S.C.No.14 of 2022 on the file of the Special Court for SC & ST Offences, Cuddalore.

3. In this regard, the matter has since been settled by the Hon'ble Division Bench Judgment of this Court in Regional Passport Officer vs. Samsudeen Mohamed Salih and others (W.A.No.902 of 2023), in which this Court has held that the concerned person have to take the permission of the concerned Criminal Court before leaving abroad. However, the same need not be considered for the purpose of renewal or issue of the passport itself.

4. In view there of, this writ petition is disposed on the following terms:- 2/4

(i) The first respondent is directed to consider the Application No. MA4065957554923, dated 09.11.2023 and issue the passport to the petitioner.

(ii) The petitioner shall take permission of the said Special Court for SC & ST Offences, Cuddalore in S.C.No.14 of 2022, if he intends to leave abroad. (iii) No costs.

04.03.2025 nsl To 1.

THE AUTHORISED OFFICER, REGIONAL PASSPORT OFFICE, CHENNAI ROYAL TOWERS, NO. 2 AND 3, 4TH FLOOR, NEW NO 158, ANNA SALAI, CHENNAI - 600 002.

2.

THE INPECTOR OF POLICE, MANGALAMPET P.S (POLICE STATION) MANGALAMPET, CUDDALORE DISTRICT.

D.BHARATHA CHAKRAVARTHY, J.

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nsl 04.03.2025 4/4