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Madras High CourtWP/11884/2022disposed of

Vetrivel Raja v. The Regional Passport Officer

2022-06-06Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.11884 of 2022 and W.M.P.No.11317 of 2022 Vetrivel Raja

...Petitioner

Versus

1. The Regional Passport Officer, Office of the Regional Passport Office, Tiruchirapalli Municipal Water Tankl Building, W.B.Road, Tiruchirapalli 620 008.

2. The Chief Passport Officer and the Joint Secretary (CPV), Ministry of External Affairs, Government of India, New Delhi.

3. The Inspector of Police, Tittagudi Police Station, Cuddalore District. ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue writ of Certiorarified Mandamus calling for the records in File No. TR5063073091920 and Letter Ref.No.FCL/311966453/21 dated 30.12.2021 on the file of the 1st respondent and quash the same and direct the 1st respondent to issue Passport to the petitioner pursuant to his Application for issue of passport in Application No.TR5063073091920 dated 27.10.2020.

For Petitioner : Mr.C.Muruganandam For Respondents: Mr.C.Kulanthaivel Special Panel Counsel for RR 1 and 2 : Mr.B.Vijay Addl. Govt. Pleader for R-3

ORDER

Challenging the order dated 30.12.2021, under which the petitioner's passport application has been closed, the petitioner has filed the present writ petition.

2. The petitioner has applied for passport and when the application was taken up for consideration, it was noticed that a case is pending against the petitioner in Cr.No.706 of 2020 for the offence punishable under Sections 188 and 269 IPC. Therefore, under the impugned order dated 30.12.2021, the petitioner's passport application was closed on the ground that the respondents have not received any response from the petitioner with regard to the above mentioned case pending against the petitioner.

3. Learned counsel for the petitioner would now submit that the petitioner is willing to give an explanation to the respondents 1 and 2 with regard to the first information report if sufficient time is granted to the petitioner.

4. It is settled law that pendency of first information report will not prohibit the passport authorities to issue passport. It is for the passport authorities to decide, despite pendency of first information report, as to whether passport can be issued to an applicant or not. It depends on the facts and circumstances of each case and the nature of the first information report. The only ground for rejection of the petitioner's application seeking for issuance of passport under the impugned order is that the petitioner has not responded by submitting an explanation to the pendency of first information against him. Since the petitioner is now willing to submit an explanation if sufficient time is granted to him by this Court, no prejudice would be caused to the respondents if the petitioner's application seeking for issuance of passport is considered on merits and in accordance with law after receiving the explanation submitted by the petitioner. The petitioner also pleads innocence with regard to the registration of the first information report against him.

5. For the foregoing reasons, this Court directs the petitioner to submit an explanation with regard to the pendency of the first information report registered against him in Cr.No.706 of 2020 to the first respondent within a period of one week from the date of receipt of a copy of this order. On receipt of such explanation, the first respondent shall pass final orders on the petitioner's passport application within a period of four weeks thereafter, after affording a fair hearing

to the petitioner including granting him the right of personal hearing.

6. With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar sr To

1. The Regional Passport Officer, Office of the Regional Passport Office, Tiruchirapalli Municipal Water Tankl Building, W.B.Road, Tiruchirapalli 620 008.

2. The Chief Passport Officer and the Joint Secretary (CPV), Ministry of External Affairs, Government of India, New Delhi.

3. The Inspector of Police, Tittagudi Police Station, Cuddalore District. +1cc to Mr.C.Kulanthaivel, Advocate, S.R.No.32744 +1cc to Mr.C.Muruganandam, Advocate, S.R.No.32803 W.P. No.11884 of 2022 GPL[co] NSK/13/06/2022