A.Arunraj v. The Regional Passport Officer

In the High Court of Judicature at Madras Dated : 21.4.2023 Coram :

The Honourable Mr.Justice M.DHANDAPANI Writ Petition No.12275 of 2023 A.Arunraj

...Petitioner

Vs 1.The Regional Passport Officer, Chennai Royala Towers No.2 & 3, IV Floor, No.785/158, Anna Salai, Chennai-2.

2.The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's application dated 19.1.2023 to issue police clearance certificate to the petitioner and allow him to travel abroad within a stipulated time and on merits.

For Petitioner :

Mr.Krishnasamy Chinnasamy For Respondent-1 :

Mr.R.Subramanian, ACGSC For Respondent-2 :

Mr.U.Baranidharan, AGP

ORDER

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The petitioner has filed this writ petition seeking a direction to the respondents to consider the petitioner's application dated 19.1.2023 to issue police clearance certificate to the petitioner and allow him to travel abroad within a stipulated time and on merits.

2. Mr.R.Subramanian, learned Additional Central Government Standing Counsel accepts notice for the first respondent. Mr.U.Baranidharan, learned Additional Government Pleader accepts notice for the second respondent. By consent, the writ petition itself is taken up for final disposal.

3. The case of the petitioner is that he is a graduate in B.Sc. (Nursing). He intended to travel abroad. The petitioner applied for passport and it was also issued on 27.10.2021. Since he had an opportunity to work abroad, he applied for a police clearance certificate on 19.1.2023. However, he received a communication dated 27.1.2023 from the first respondent stating that an adverse police verification report had been received from the police. He is also called upon to explain as to why action should not be initiated to impound the passport already issued under Section 10(3)(b) of the 2/4

Passport Act, 1967. Hence the writ petition.

4. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice to direct the first respondent to consider the application of the petitioner dated 19.1.2023 within a time frame that may be stipulated by this Court.

5. On the above contentions, this Court heard the respective learned counsel appearing for the respondents and perused the materials available on record.

6. Considering the limited nature of the prayer sought for in this writ petition, this Court, without going into the merits of the issue, directs the first respondent to consider the application of the petitioner dated 19.1.2023 in conjunction with the explanation given by the petitioner date 25.3.2023 and pass appropriate orders after affording an opportunity of personal hearing to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 3/4

M.DHANDAPANI,J RAP

7. With the above direction, the writ petition is disposed of. No costs.

21.4.2023 Index : Yes (or) No To 1.The Regional Passport Officer, Chennai Royala Towers No.2 & 3, IV Floor, No.785/158, Anna Salai, Chennai-2.

2.The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.

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