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Madras High CourtWP/32712/2019dismissed as withdrawal

Santhosh, v. The Regional Passport Officer,

2019-11-21Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 32712 of 2019 Santhosh ... Petitioner Vs.

1. The Regional Passport Officer Chennai Royala Towers Nos. 2&3 IV Floor, Old No. 785, New No. 158 Anna Salai, Chennai - 600 002 Tamil Nadu.

2. The Passport Officer Passport Seva Kendra C/o. Animal Husbandry Complex Maraimalai Adigalar Salai Puducherry.

3. The Superintendent of Police Office of the Superintendent of Police Cuddalore District Cuddalore.

4. The Inspector of Police Pudupet Police Station Cuddalore.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the First Respondent herein to renew the Passport No. J0440366 and issue a normal valid Passport to the Petitioner, making it valid for a period of 10 years as contemplated under the Passport Rules, 1980.

For Petitioner :

Mr. S. Kingston Jerold For Respondents :

Mr. N. Ramesh (For R1 & R2) Central Government Standing Counsel Mr. R. Venkatesh (For R3 & R4) Government Advocate 1/3

O R D E R

The Petitioner is aggrieved by the refusal of the Respondents 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 First 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 (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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Regional Passport Officer Chennai Royala Towers Nos. 2&3 IV Floor, Old No. 785, New No. 158 Anna Salai, Chennai - 600 002 Tamil Nadu.

2. The Passport Officer Passport Seva Kendra C/o. Animal Husbandry Complex Maraimalai Adigalar Salai Puducherry.

2/3

3. The Superintendent of Police Office of the Superintendent of Police Cuddalore District Cuddalore.

4. The Inspector of Police Pudupet Police Station Cuddalore.

+1 cc to Mr.N.ramesh Advocate sr98116 +1 cc to M/s.S.Kingston jerold Advocate sr97156 W.P. No. 32712 of 2019 aa26/11/2019 3/3