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Madras High CourtWP/27043/2021dismissed

R.Sathishkumar v. The Regional Passport Officer

2024-02-08Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.28501 of 2021 Sathishkumar ... Petitioner Vs.

1. The Regional Passport Officer, Rayala Towers, No.2 & 3, IV Floor, Old No.785, 158, Anna Salai, Triplicane, Chennai - 600 002.

2. The Inspector of Police, T-15, SRMC Police Station, Porur, Chennai - 125.

3. The Inspector of Police, Manapparai Police Station, Trichy.

4. Hemalatha

5. Mr.Clement Benebert Raj 6.Al Duke Software Private Ltd., ... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue LOOK OUT CIRCULAR based on the petitioner representation dated 06.10.2021 and to take appropriate steps to impound the 4th respondent passport bearing No.U2741079 and 5th respondent passport bearing No.U2741078. For Petitioner : Mr.M.Dinesh For R1 : Mr.K.Srinivasamurthy, SPCCG For R2 & R3 : Mr.S.J.Mohamed Sathick, Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the 1st respondent to issue look out circular based on the representation dated 06.10.20

2. Direction to issue look out circular in a writ proceeding cannot be issued merely on the ground that a Criminal Case has been registered against the respondents 4 and 5. If at all the petitioner is aggrieved, he has to approach the Competent Forum for the purpose of securing such relief.

3. The authorities concerned or the Criminal Court in which the cases are pending alone is empowered to deal with such issued for importing Passport of to produce the person or otherwise. Therefore, the relief as such sought for is beyond the realm of the power of judicial review under Article 226 of the Constitution of India.

4. Thus, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 08.02.2024 Jeni Index : Yes To

1. The Regional Passport Officer, Rayala Towers, No.2 & 3, IV Floor, Old No.785, 158, Anna Salai, Triplicane, Chennai - 600 002.

2. The Inspector of Police, T-15, SRMC Police Station, Porur, Chennai - 125.

3. The Inspector of Police, Manapparai Police Station, Trichy.

S.M.SUBRAMANIAM, J.

Jeni 08.02.2024