Valathappan Subramaniyan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Valathappan Subramniyan ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Madurai.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to reopen the file and re-issue the passport in file No.MD1075767324723 to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.M.Rajendran Central Government Standing Counsel 1/4

ORDER

The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus directing the respondent to reopen the file and re-issue the passport in file No.MD1075767324723 to the petitioner within the time stipulated by this Court."

2. The petitioner is the holder of passport No.L4144992. On 11.09.2023 the petitioner made an application, seeking renewal of passport by producing all necessary documents. The first respondent issued a communication dated 26.03.2023 directing him to appear before the authority seeking explanation about the case pending in CC No.741 of 2022 on the file of the Judicial Magistrate, Karaikudi. Hence, the petitioner filed this writ petition seeking for the aforesaid relief.

3. Heard the learned counsel appearing for the petitioner, the learned Central Government Standing Counsel for the 1st respondent and carefully perused the entire materials available on record.

4. The petitioner is given liberty to move the learned Judicial Magistrate, Karaikudi, for the relief now sought for. As and when such miscellaneous 2/4

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 and the petitioner's career and vocation 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 such 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 in 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.

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

10.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Regional Passport Officer, Regional Passport Office, Madurai.

Order made in Dated:

10.01.2025 4/4