R.Shanmugarajan v. The Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.19020 of 2019 R. Shanmugarajan

...Petitioner

Vs.

1. The Passport Officer, Regional Passport Office, Royala Towers, No. 2 and 3, IV Floor, Old No. 785, New No. 158, Anna Salai, Chennai - 600 002.

2. The Inspector of Police, CCIW, CID, Chennai.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the First Respondent to issue passport to the Petitioner on his application dated 20.05.2019 under file No. MA 3062134185719.

For Petitioner : Mr. M. Kaviveeerappan For Respondents : Mr. N. Ramesh, CGSC for R1 Mr. R. Venkatesh, Government Advocate for R2

O R D E R

The Petitioner is aggrieved by the refusal of the First Respondent to issue passport to him on account of pendency of criminal proceedings against him in respect of certain offences alleged to have been committed by him.

2.When it is pointed out by the Learned Central Government Standing Counsel appearing for the First Respondent that the Petitioner has to produce an order from the Criminal Court, where the proceedings are pending against him, permitting him to depart from India, while submitting his application for issuance of passport, relying on the notification No. G.S.R. 570(E) dated 25.08.1993 issued by the Ministry of External Affairs, Government of India, in the exercise of powers under Section 22(a) of the Passports Act, 1967, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to that procedure and has made an endorsement to that effect, which is recorded.

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3.Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar rkp To

1. The Passport Officer, Regional Passport Office, Royala Towers, No. 2 and 3, IV Floor, Old No. 785, New No. 158, Anna Salai, Chennai - 600 002.

2. The Inspector of Police, CCIW, CID, Chennai.

+1cc to Mr. M. Kaviveeerappan, Advocate SR.No. 61463 +1cc to Mr.N.Ramesh , Advocate SR.No. 61785 W.P. No.19020 of 2019 A.SK(24/07/2019) https://hcservices.ecourts.gov.in/hcservices/