Suresh Varadharajan v. Regional Passport Office
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2022
CORAM
THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN Writ Petition No.34494 of 2022 and W.M.P.No.33948 of 2022 Suresh Varadharajan ... Petitioner
Versus
1.Regional Passport Office, Chennai Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.
2.State of Tamil Nadu Rep. by the Superintendent of Police, Kancheepuram Thaiyar Kullam, Kancheepuram - 631 501.
3.State of Tamil Nadu, Rep. by the Superintendent of Police, Chengalpattu, Collectorate Campus, Chengalpattu - 603 001.
4.State of Tamil Nadu Rep. by the Inspector of Police, District Crime Branch, Kancheepuram.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records 1/6
and quash the Show Cause Notice vide letter Ref.No.SCN/313218875/22 dated 29.08.2022 passed by the 1st respondent and consequently, direct the 1st respondent to consider the application dated 31.05.2022 bearing File No.MA1074259804322 for reissue of passport to the petitioner. For Petitioner : Mr.S.Manuraj For R1 to R3 : Mr.M.Ramamorthy, Central Government Standing Counsel For R4 : Mrs.P.Rajarajeswari, Government Advocate
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus seeking interference with a Show Cause Notice, dated 29.08.2022 issued by the 1st respondent/Regional Passport Office at Chennai and for a consequential direction to the said respondent to consider an application dated 31.05.2022 given by the petitioner for renewal of passport in File No.MA1074259804322.
2. The petitioner appears to have come to the adverse notice of the District Crime Branch at Kancheepuram, where a First Information Report was registered by the B-2, Vishnu Kanchi Police Station at Kancheepuram under Section 420 of the Indian Penal Code as against the petitioner 2/6
herein. Consequent to the investigation, and Final Report being filed, Calendar Case No.337/2015 was taken on file by the learned Judicial Magistrate No.2 at Chengalpattu.
3. The petitioner had filed Criminal Original Petition No.6889/2018, before this Court seeking to interfere with the further proceedings of the said Calendar Case.
4. By an order dated 26.10.2021, a learned Single Judge of this Court had quashed the further proceedings of the said Calendar Case. Thereafter, the Trial Court had also closed the Calendar Case consequent to the Criminal Original Petition being quashed by the High Court.
5. It is stated by the learned counsel for the petitioner that these facts had been stated before the 2nd, 3rd and 4th respondents. But passport has to be reissued only by the 1st respondent. Therefore, the petitioner will have to produce necessary records only before the 1st respondent.
6. The Show Cause Notice issued is interfered with to the limited 3/6
extent that the 1st respondent may issue a fresh Show Cause Notice giving a fresh date for appearance of the petitioner. The petitioner may appear before the 1st respondent with all requisite details and impress upon the 1st respondent that as on date there are no criminal cases pending against him.
7. I am confident that if necessary records are produced, the 1st respondent would take an appropriate decision depending on the facts and circumstances of the case.
8. The Writ Petition stands disposed of with the above observations. No costs. Consequently, the connected miscellaneous petition stands closed.
23.12.2022 (1/2) ssi Index : Yes/No Internet : Yes/No To:
1.Regional Passport Office, Chennai Royala Towers, No.2 and 3, IV Floor, 4/6
Old No.785, New No.158, Anna Salai, Chennai - 600 002.
2.State of Tamil Nadu Rep. by the Superintendent of Police, Kancheepuram Thaiyar Kullam, Kancheepuram - 631 501.
3.State of Tamil Nadu, Rep. by the Superintendent of Police, Chengalpattu, Collectorate Campus, Chengalpattu - 603 001.
4.State of Tamil Nadu Rep. by the Inspector of Police, District Crime Branch, Kancheepuram.
C. V. KARTHIKEYAN,J.
ssi 5/6
W.P.No.34494 of 2022 and W.M.P.Nos.33946 & 33948 of 2022 23.12.2022 (1/2) 6/6