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Madras High CourtWP/34572/2024disposed of

Sulaiman v. The Joint Secretary (Psp) And

2024-11-22Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sulaiman ... Petitioner vs.

1.The Joint Secretary (PSP) & Chief Passport Officer, Government of India, Ministry of External Affairs PSP Division, Patiala House, Tilak Marg, New Delhi-110 001.

2.Regional Passport Office, Chennai Royal Towers, No.2 & 3, IV-Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

3.Inspector of Police, Ambur Town Police, Flower Pazar, Ambur Tamil Nadu 635 802.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent herein to dispose the appeal dated 09.02.2024 filed by the Petitioner within time limit 1/6

fixed by this Court and consequently direct the Respondents to revoke the impounding of the Petitioner's passport No.M6181245. For Petitioner : Mr.K.Anandharaja for M/s.Murali Law Firm For R1 and R2 : M/s.Durga Rani Central Government Standing Counsel For R3 : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seek a direction to the 1st respondent to dispose of the appeal dated 09.02.2024 filed by the petitioner challenging the order passed by the 2nd respondent impounding the passport of the petitioner.

3. It is the case of the petitioner that a case was registered against the 2/6

petitioner in Crime No.56 of 2022 on the file of the Central Crime Branch, Fake Passport Team-VII, Veppery, Chennai in connection with a fake passport case. In the said case, a charge sheet was filed against the petitioner in C.C.No.237/2023 on the file of the Judicial Magistrate - I, Alandur. After trial, the petitioner was acquitted by order dated 12.09.2023. In the meantime, the 2nd respondent impounded the passport of the petitioner. Aggrieved by the same, the petitioner preferred an appeal before the 1st respondent through email dated 09.02.2024. It is further stated that the petitioner also paid necessary application fee. However, the appeal preferred by the petitioner has not been considered by the 1st respondent till date. Therefore, the petitioner has come before this Court.

4. M/s.Durga Rani, learned Central Government Standing Counsel takes notice for the respondents 1 and 2 and Mr.L.Baskaran, learned Government Advocate (Crl.Side) takes notice for the 3rd respondent.

5. In view of the limited prayer made by the petitioner, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 1st respondent to consider appeal filed by the petitioner through 3/6

email dated 09.02.2024 and pass final orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

22.11.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Joint Secretary (PSP) & Chief Passport Officer, Government of India, Ministry of External Affairs PSP Division, Patiala House, Tilak Marg, New Delhi-110 001.

2.Regional Passport Office, Chennai Royal Towers, No.2 & 3, IV-Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

3.Inspector of Police, Ambur Town Police, Flower Pazar, Ambur Tamil Nadu 635 802.

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S.SOUNTHAR, J.

dm 22.11.2024 6/6