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Madras High CourtWP/35244/2023disposed of

M.Hamritha v. The Regional Passport Officer

2024-04-02Honourable Mr Justice S.M. Subramaniam4 pages

2024:MHC:1617

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02-04-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM M.Hamritha .. Petitioner -vs1.The Regional Passport Officer, 1st Floor, Corporation Shopping Complex, Avinashi Road, ATT Colony, Gopalapuram, Coimbatore-641 018.

2.The Inspector of Police, All Women Police Station, Bhavani, Erode District.

3.M.A.Kirubakaran .. Respondents Writ Petition is filed under Article 226 of the Constitution of India,

praying for the issuance of a Writ of Mandamus, directing the first respondent to take appropriate action on the application made by the petitioner on 19.10.2023 filed under Section 10(3)(e) and (h) of Passport Act, 1967 to impound the passport of the third respondent. For Petitioner :

Mr.T.Mohanraju For Respondent-1 :

Dr.D.Simon, Central Government Standing Counsel.

For Respondent-2 :

Mr.S.Vinothkumar, Government Advocate (Criminal Side).

For Respondent-3 :

Mr.E.C.Ramesh

O R D E R

With reference to the relief sought for in the present writ petition, the learned counsel for the petitioner would submit that a criminal case has been registered against the third respondent and therefore passport issued in the name of the third respondent is to be impounded.

2. The learned Central Government Standing Counsel for the first respondent, relying on the counter-affidavit, made a submission that

registration of criminal case against the third respondent came to the knowledge of the Passport Officer, at a later point of time. Accordingly, the Passport Officer has issued show cause notice to the third respondent vide letter dated 05.01.2024 to furnish explanations regarding the registration of criminal case. Subsequently, the third respondent filed his objections for the show cause notice and surrendered his passport. The passport surrendered by the third respondent before the first respondent, has been kept under safe custody of the first respondent.

3. In view of the above facts, no further adjudication is required in the present writ petition.

4. Accordingly, the present writ petition stands disposed of. However, there shall be no other costs.

02-04-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

S.M.SUBRAMANIAM, J.

Svn To 1.The Regional Passport Officer, 1st Floor, Corporation Shopping Complex, Avinashi Road, ATT Colony, Gopalapuram, Coimbatore-641 018.

2.The Inspector of Police, All Women Police Station, Bhavani, Erode District.

WP 35244 of 2023 02-04-2024