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Madras High CourtWP/8968/2023disposed of

Mohammed Kafil v. The Regional Passport Officer

2023-03-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Mohammed Kafil . . . Petitioner vs.

1.The Regional Passport Officer, Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

2. The Inspector of Police, D-6, Anna Square Traffic Investigation Wing, Chennai-600 002.

. . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue an Writ of Certiorarified Mandamus or any other appropriate writ, order or direction, to call for the records of the 1st respondent in his Letter Ref.No.SCN/312176625/22 dated 15.02.2022 and quash the same and 1/6

consequently, direct the 1st respondent to consider the petitioner's Re-issue Application dated 27.02.2022 in MA1073815677721 for reissuance the Passport to the petitioner within time framed by this Court. For Petitioner : Mr. A.Ilayaperumal For Respondents : Mr. P.K.Ganesh, Central Government Standing Counsel for R1 : Mr.E.Veda Bagath Singh, Special Government Pleader for R2

ORDER

This Writ Petition has been filed praying to quash the impugned order of the 1st respondent which came to be passed on 15.02.2022 and for a direction to the 1st respondent to consider the application made by the petitioner seeking re-issuance of the passport within the time frame that may be stipulated by this Court.

2. Mr.P.K.Ganesh, learned Central Government Standing Counsel takes notice for the 1st respondent and Mr.E.Veda Bagath Singh takes notice for the 2nd respondent.

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3. It is the case of the petitioner that the petitioner made an application to the 1st respondent on 27.01.2022 seeking to re-issue the passport, however, the same was rejected by the 1st respondent on the ground that there is a criminal case pending against the petitioner vide the impugned order dated 15.02.2022 calling upon the petitioner to furnish the original case completion order. Challenging the same, the present petition has been filed.

4. Learned counsel for the petitioner submits that the petitioner will furnish the relevant documents as sought for by the 1st respondent, within a period of two weeks and thereafter appropriate orders may be passed by the respondents.

5. On the above contention, this Court heard the learned Central Government Standing Counsel and learned Special Government Pleader appearing for respondents and perused the materials available on record. 3/6

6. Though a larger relief has been sought for in this Writ Petition, in view of the fair submission made by the learned counsel for the petitioner, this Court is inclined to direct the petitioner to submit the relevant documents as sought for by the passport authorities within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the 1st respondent is directed to pass appropriate orders on the same in accordance with law, within a period of four weeks thereafter.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall no order as to costs.

23.03.2023 NHS Index : Yes / No Internet : Yes / No 4/6

To 1.The Regional Passport Officer, Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

2. The Inspector of Police, D-6, Anna Square Traffic Investigation Wing, Chennai-600 002.

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M.DHANDAPANI, J.

NHS 23.03.2023 6/6