Jameel Mohideen v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Jameel Mohideen ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.
2.The Inspector of Police, Ambur Police Station, Tirupathur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to issue passport to the petitioner pursuant to the application dated 19.10.2022. For Petitioner : Mr.R.Sunil Kumar For Respondents : Mr.B.Rabu Manohar SCGSC [R1] Mr.E.Veda Bagath Singh Special Government Pleader [R2] ***** Page No.1 of 4
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the first respondent to issue passport to the petitioner pursuant to the application dated 19.10.2022.
2. Mr.B.Rabu Manohar, learned Senior Central Government Standing Counsel takes notice for the first respondent and Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for the second respondent. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that, he made an application for issuance of passport on 19.10.2022 before the first respondent. However, due to pendency of criminal case, a show cause notice was issued on 05.12.2022 calling for explanation from the petitioner within a period of 30 days. Since the petitioner's passport application was not considered, the petitioner filed the above writ petition before this Court for appropriate directions.
Page No.2 of 4
4. The learned counsel for the petitioner submits that, due to political vendetta, false complaints have been given against the petitioner, based on which, First Information Reports have been registered. He also submits that, it is a settled position of law that the mere pendency of FIR is not a bar for the authority to issue passport to the petitioner.
5. The learned Senior Central Government Standing Counsel appearing for the first respondent submits that the petitioner's application will be considered by the first respondent in accordance with law, within a time frame that may be stipulated by this Court.
6. As rightly contended by the learned counsel for the petitioner, it is a settled position of law that the mere pendency of FIR is not a bar for the authority to issue passport. Therefore, this Court, directs the first respondent to consider the petitioner's passport application dated 19.10.2022 and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.
Page No.3 of 4
M.DHANDAPANI, J.
sp
7. With the above direction, the Writ Petition is disposed of. No costs.
23.06.2023 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Regional Passport Officer, Regional Passport Office, 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.
2.The Inspector of Police, Ambur Police Station, Tirupathur District.
Page No.4 of 4