Vinoth v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 16.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Vinoth ... Petitioner Vs.
1. The Regional Passport Officer, Office of the Regional Passport Office, first floor, Corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore 641 018.
2. The Inspector of Police, Gobichettipalayam Police Station, Erode 638 452.
... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondent to consider the passport renewal application No.24-1011030611, dated 29.09.2024 submitted by the petitioner through online within a reasonable time and renew his passport No.H7386946.
For Petitioner : Mr.N.Stalin For Respondents : Mr.G.Baskaran, Central Government Standing Counsel for first respondent Mr.L.Baskaran, Govt. Advocate (Crl.Side) for second respondent
ORDER
The petitioner herein seeks a direction to the respondents to consider the passport renewal application No.24-1011030611, dated 29.09.2024.
2. It is the case of the petitioner that he applied for renewal of passport on 29.09.2024 and the same has not been considered by the respondents mainly on the ground that criminal case is pending against the petitioner. Therefore, the petitioner has come before this court.
3. Mr.G.Baskaran, learned Central Government Standing Counsel takes notice for the first respondent and Mr.L.Baskaran, learned Government Advocate (Crl.Side) takes notice for the second respondent.
4. The learned Government Advocate (Crl.Side) appearing for the second respondent, on instructions, would submit that a criminal case is pending against the petitioner in C.C.No.534 of 2018 on the file of the Judicial Magistrate, Alandur, under Sections 279, 304 of IPC. Further he would submit that the above said case was posted to 30.01.2025 for recording evidence.
5. In view of the submission made by the learned Government Advocate (Crl.Side), a criminal proceedings is pending against the petitioner within the meaning of Section 6(2)(f) of the Passport Act. Therefore, it is for the petitioner to file appropriate application before the concerned court seeking permission to visit foreign country. If any such application is filed by the petitioner, the same shall be considered by the concerned court on its own merits, within a period of four weeks from the date of receipt of a copy of this order.
6. In case, the petitioner is permitted to visit foreign country by the concerned court, the certified copy of the said order shall be produced by the petitioner before the first respondent. On receipt of
such order copy, the first respondent shall process the application filed by the petitioner for renewal of passport and pass final orders, within a period of six weeks from the date of receipt of the certified copy of the order.
7. With the above direction, this writ petition is disposed of. There shall be no order as to costs.
16.12.2024 Index:Yes/No Internet:Yes/No mst To
1. The Regional Passport Officer, Office of the Regional Passport Office, first floor, Corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore 641 018.
2. The Inspector of Police, Gobichettipalayam Police Station, Erode 638 452.
S.SOUNTHAR, J.
mst 16.12.2024