Dr.Mohamed Sameer v. The Regional Passport Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31324 of 2019 Dr. Mohamed Sameer ... Petitioner Vs.

The Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Chennai, Tamil Nadu.

... Respondent Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, to call for the records on the file of the Respondent in SCN/309230881/19 dated 09.10.2019 and quash the same as illegal, incompetent, unconstitutional and improper jurisdiction, and further direct the respondent to renew the passport of the petitioner in application No. MA2072453326319.

For Petitioner :

Mr. V.Raghavachari For Respondent :

Mrs. Swarnalatha Central Government Standing Counsel

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 25.08.1993 issued by the Ministry of External Affairs, Government of India, in the exercise of powers under Section 22 https://hcservices.ecourts.gov.in/hcservices/

(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. 3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar maya To The Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Chennai, Tamil Nadu.

+1cc to M/s.V.Raghavachari, Advocate SR.92378 W.P. No. 31324 of 2019 SAI(CO) CB(14/11/2019) https://hcservices.ecourts.gov.in/hcservices/