Gandhimathi v. The Regional Passport Office

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Gandhimathi ... Petitioner Vs.

1.The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Colony, Madurai - 625 002.

2.The Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.

3.The Inspector of Police, Tirumangalam Taluk Police Station, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to renew the passport for 10 years by processing the application in MD1076393899544 dated 25.03.2024, based on his representation or clarification dated 06.11.2024.

For Petitioner : Mr.A.V.R.Krishnakanth For Respondents 1 & 2 : Mr.V.Maliyendran Central Government Standing Counsel For 3rd Respondent : Mr.K.Gnanasekaran Government Advocate (Crl) 1/5

ORDER

The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the first respondent to renew the passport for 10 years by processing the application in MD1076393899544 dated 25.03.2024, based on his representation or clarification dated 06.11.2024." 2.The petitioner is the holder of passport no.Z2658165 and the petitioner has made an application in File No.MD1076393899544, for reissuance of passport. While so, on receipt of adverse police verification report, the 1st respondent had issued a communication dated 24.05.2024, required an explanation from the petitioner. The petitioner appeared before the first respondent and submitted his explanation on 06.11.2024. However, no action was taken till now. Hence, this Writ Petition is filed. 3.The learned Government Advocate (Crl.) appearing for the 2nd respondent on instructions would submit that Crime No.250 of 2013 culminated in laying charge sheet before the learned Judicial Magistrate, Thirumangalam, Madurai District. But the same was not taken on file before the aforesaid Court.

4.Heard the learned counsels on either side and carefully perused the entire materials available on record.

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5.The petitioner is given liberty to move the learned Judicial Magistrate Court, Thirumangalam, Madurai District, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the learned Trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner-s absence from India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat.

6.Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer who shall dispose of the petition~mentioned application in terms of the said order.

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7.This Writ Petition is allowed on these terms. There shall be no order as to costs.

22.01.2025 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The Judicial Magistrate, Thirumangalam, Madurai District. 2.The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Colony, Madurai - 625 002.

3.The Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.

4.The Inspector of Police, Tirumangalam Taluk Police Station, Madurai District.

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L.VICTORIA GOWRI, J.

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