Ramasamy Ramadas v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY RAMASAMY RAMADAS ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MINISTRY OF EXTERNAL AFFAIRS, SASTHRI BHAVAN, NUNGAMBAKAM, CHENNAI - 600 034.
2.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MINISTRY EXTERNAL AFFAIRS, NEW MUNICPIAL COMPLEX, 7TH CROSS, THILLAINAGAR, TIRUCHIRAPALI - 620 018.
3.
THE INSPECTOR OF POLICE, KUVAGAM POLICE STATION, ARIYALUR DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to re-issue passport to the petitioner, based on the petitioner's application vide File No.TR2077459525325, dated 04.03.2025 forthwith. 1/5
For Petitioner : Mr.M.R.Elavarasan For R1 & R2 : Mr.K.Gangadaran Central Government Counsel For R3 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
The prayer in the writ petition is to direct the second respondent to reissue the passport to the petitioner based on the petitioner's application vide File No.TR2077459525325, dated 04.03.2025.
2. Upon hearing the learned counsel appearing on either side and perusing the material records of the case, it can be seen that upon receipt of the adverse report from the police, the petitioner's passport application has been denied. It is seen that a case is now pending against the petitioner in C.C. No.73 of 2020 on the file of the District Munsif-cum-Judicial Magistrate, Sendhurai. The matter has since been settled by this Court by the Hon'ble Division Bench judgment in Regional Passport Officer vs. Samsudeen Mohamed Salih and others (W.A.No.902 of 2023), whereby this Court has held that the petitioner can take permission of the concerned court before leaving abroad, but the passport itself need not be withheld for the same. 2/5
3. In view thereof, this writ petition is ordered on the following terms: (i)The second respondent shall consider the application of the petitioner vide File No.TR2077459525325, dated 04.03.2025 and re-issue the passport to the petitioner within a period of eight weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order, if the petitioner is otherwise eligible.
(ii) The petitioner shall take permission of the learned District Munsifcum-Judicial Magistrate in C.C. No. 73 of 2020 before leaving abroad. No costs.
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To 1.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MINISTRY OF EXTERNAL AFFAIRS, SASTHRI BHAVAN, NUNGAMBAKAM, CHENNAI - 600 034.
2.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MINISTRY EXTERNAL AFFAIRS, NEW MUNICPIAL COMPLEX, 7TH CROSS, THILLAINAGAR, TIRUCHIRAPALI - 620 018.
3.
THE INSPECTOR OF POLICE, KUVAGAM POLICE STATION, ARIYALUR DISTRICT.
4/5
D.BHARATHA CHAKRAVARTHY, J.
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