Madras High CourtWP/23256/2024disposed of with direction

V.Selva Kumar v. The Regional Passport Officer

2024-09-13Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 13.09.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.23256 of 2024 and WMP No.25427 of 2024 V.Selva Kumar ... Petitioner Vs.

1. The Regional Passport Officer, Office of the Regional Passport Office, Chennai Loyal Towers, No.2 and 3, 4th floor, Old No.785, New No.155, Anna Salai, Chennai 600 002.

2. State represented by the Inspector of Police, Kannamangalam Police Station, Thiruvannamalai District.

(Crime No.650/2021) ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India seeking for issuance of writ of Mandamus, directing the first respondent to release the impound passport bearing No.W8473459 in view of the petitioner's representation dated 12.07.2024. For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.T.L.Thirumalaisamy, Central Government Senior Counsel for R1 Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

This writ petition has been filed seeking direction to the first respondent to release the impound passport bearing No.W8473459 in view of the petitioner's representation dated 12.07.2024.

2. The learned counsel for the petitioner submitted that, the petitioner's passport was already renewed and its validity is upto 20.12.2031. In such circumstances, the first respondent had impound the passport of the petitioner and hence this writ petition has been filed.

3. The learned counsel for the first respondent submitted that, the petitioner's passport was not impounded, as alleged by the petitioner. He further submitted that, since there was an adverse PVR remarks that the petitioner was involved in a criminal case in Kannamangalam Police Station in Crime No.650/2021, a show cause notice was issued to the petitioner, calling upon him to provide explanation in this regard, however, the petitioner presumed that his passport was impounded.

4. At this juncture, learned counsel for the petitioner seeks liberty to the petitioner to make a reply to the said notice dated 09.02.2023.

5. Considering the submission made by the learned counsel

appearing on either side, this court is inclined to dispose of the writ petition by directing the petitioner to give reply the show cause notice dated 09.02.2024 to the first respondent, within two weeks from the date of receipt of a copy of this order and on receipt of such reply, the first respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law.

6. The Writ petition is disposed of accordingly. There shall be no order as to costs. Connected WMP No.25427 of 2024 is closed. 13.09.2024 mst Index : Yes / No Internet: Yes/No To

1. The Regional Passport Officer, Office of the Regional Passport Office, Chennai Loyal Towers, No.2 and 3, 4th floor, Old No.785, New No.155, Anna Salai, Chennai 600 002.

2. The Inspector of Police, Kannamangalam Police Station, Thiruvannamalai District.

M.DHANDAPANI, J.

mst 13.09.2024