Ravichandran.R v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Ravichandran.R ... Petitioner Vs.

1.The Regional Passport Officer First Floor, Corporation Commercial Complex Avinashi Road Coimbatore 641 018.

2.The Inspector of Police Ooty Town Central Police Station Upper Bazaar Ooty 643 001.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue a passport to the petitioner pursuant to the petitioner's application in file No.CB1067356211725 dated 30.01.2025 in accordance with law. 1/6

For Petitioner : Mr.Srujith Krishna.G For Respondents : Mr.Sushana Senior Panel Counsel Assisted by Mr.K.K.Muralidharan for R1 Central Government Standing Counsel Dr.C.E.Pratap for R2 Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed with the direction to the respondents to issue passport to the petitioner pursuant to the application of the petitioner in file No.CB1067356211725 dated 30.01.2025 in accordance with law.

2. Upon hearing the learned counsel for the petitioner, it can be seen that upon receipt of an adverse police report, the passport is not issued to the petitioner.

3. Mr.K.K.Muralidharan, the learned Central Government Standing Counsel taking notice for the first respondent seeks further time in the matter to get instructions.

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4. However these issues are already covered by several orders of this Court and as such the matter is disposed of at the admission stage itself. It can be seen that a case was originally registered against the petitioner in Crime No.638 of 2018 which has now culminated into STC.No.409 of 2024.

5. In view thereof, it is already been held by the Division Bench of this Court in Regional Passport Officer Vs. Samsudeen Mohamed Salih in W.A.No.902 of 2023 that the pendency of the criminal case need not be a bar for issue of the passport itself, but however the petitioner concern shall take the permission of the concerned Court before leaving abroad.

6. In view thereof, this Writ Petition is disposed of on the following terms;

(i) The first respondent is directed to take up the petitioner's application bearing No.CB1067356211725 dated 30.01.2025 and issue passport to the petitioner de hors the pendency of the criminal case, if there is no other impediment; 3/6

(ii) The said exercise shall be carried out within a period of four weeks from the date of receipt of the certified web copy of the order, without waiting for the certified copy of the order;

(iii) The petitioner shall take permission of the learned Judicial Magistrate, Uthagamandalam in STC.No.409 of 2024 before leaving abroad.

(iv) No costs.

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To 1.The Regional Passport Officer First Floor, Corporation Commercial Complex Avinashi Road Coimbatore 641 018.

2.The Inspector of Police Ooty Town Central Police Station Upper Bazaar Ooty 643 001.

3. The Judicial Magistrate, Uthagamandalam.

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D.BHARATHA CHAKRAVARTHY , J.

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