Sumesh v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Sumesh ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, Coimbatore, 1st Floor, Corporation Commercial Complex Opp., Thandu Mariamman Koil, Avinashi Road, Coimbatore - 641 018.
2.The State Rep by The Inspector of Police, CCB, Coimbatore City, Coimbatore.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to issue passport to the petitioner considering the Application vide File No.CB107692059524 dated 09.09.2024 within stipulated time. For Petitioner : Mr.G.Balaji For Respondents : Mrs.R.Durga Rani Central Government Standing Counsel [R1] Mr.L.Baskaran Government Advocate (Crl.Side) [R2] ***** Page No.1 of 6
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1st respondent to issue passport to the petitioner considering the Application vide File No.CB107692059524 dated 09.09.2024 within stipulated time.
2. Mrs.R.Durga Rani, learned Central Government Standing Counsel, accepts notice on behalf of the 1st respondent and Mr.L.Baskaran, learned Government Advocate (Crl.Side), accepts notice on behalf of the 2nd respondent. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, he obtained T type passport from the 1st respondent in Passport No.J8582031 and the same got expired on 06.09.2022. In the year 2020, one Balamurugan had lodged a criminal complaint against the petitioner and others stating that he had Page No.2 of 6
cheated money, for which FIR in Crime No.51 of 2020 has been registered for the offences u/s 120B, 406 and 420 IPC and the petitioner has been arrayed as 2nd accused. Thereafter, the 2nd respondent filed charge sheet and the same was taken on file in C.C.No.1503 of 2021 on the file of learned Judicial Magistrate No.VII, Coimbatore and the same is pending at the stage of trial. In the meantime, the petitioner had applied for renewal of his passport in Passport Application No. CB1074131261322 and the same was closed by the 1st respondent with a liberty to file fresh application for renewal of passport. After the expiry of passport, the petitioner had again applied for renewal of passport in Passport Application No.CB107692059524 on 09.09.2024. Since the said application was kept pending without any progress, the petitioner has filed the above writ petition before this court for appropriate orders.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court, issues a direction to the 1st respondent to issue passport to the petitioner by considering his application vide File No.CB107692059524 dated 09.09.2024, within a time frame that may be Page No.3 of 6
fixed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the 1st respondent to consider the petitioner's passport application vide File No. CB107692059524 dated 09.09.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs.
15.10.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Regional Passport Officer, Regional Passport Office, Coimbatore, 1st Floor, Corporation Commercial Complex Opp., Thandu Mariamman Koil, Avinashi Road, Coimbatore - 641 018.
2.The Inspector of Police, CCB, Coimbatore City, Coimbatore.
Page No.5 of 6
M.DHANDAPANI, J.
sp 15.10.2024 Page No.6 of 6