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Madras High CourtWP/25246/2019dismissed as withdrawal

Akilan Rajendran v. Regional Passport Officer

2019-08-28Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 25246 of 2019 and W.M.P. No. 24820 of 2019 Akilan Rajendran ... Petitioner Vs.

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

... Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pretending to the Letter Ref. No. FCL/308189217/19 dated 01.02.2019 closing the Passport application of the Petitioner bearing Application No.MA3069871078717 and quash the same and consequently direct the Respondent to issue the Passport to the Petitioner herein in accordance with law and within the time frame fixed by the Hon'ble Court.

For Petitioner : Mr. M. Deivanandam For Respondents: Mr. G. Baskaran Additional Government Pleader

O R D E R

The Petitioner is aggrieved by the refusal of the 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 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 https://hcservices.ecourts.gov.in/hcservices/

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under Section 22 (a) of the Passports Act, 1967, Learned Counsel for the Petitioner seeks permission of this Court to withdrawn the Writ Petition with liberty to resort to that procedure and has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is also closed. No costs. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar To Regional Passport Officer Royala Towers No.2 and 3 IV floor Old No.785, New No.158, Anna Salai Chennai - 600 002.

+1 CC to Mr.M.Deivanandan, Advocate sr 73628. +1 CC to Mr.G. Baskaran, Advocate sr 73702.

W.P. No. 25246 of 2019 CP(CO) SP(05/09/2019) https://hcservices.ecourts.gov.in/hcservices/