Madras High CourtWP(MD)/989/2024dismissed

M.Gopinath v. The Regional Passport Officer

2024-02-13Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.989 of 2024 and W.M.P(MD)No.1011 of 2024 M.Gopinath ... Petitioner -Vs1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Keelavalavur Police Station, Madurai District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent's Impugned communication No. SCN/316387689/23 dated 04.12.2023 and quash the same and consequently direct the 1st respondent to issue passport to the petitioner by considering his application No. MD1065982760523 dated 17.11.2023 and for other reliefs within a period stipulated by this Court. 1/5

For Petitioner : Mr.K.Asra Shifaya For Respondents : Mr.B.Rajesh Saravanan (for R1) Mr.G.Suriya Anand Govt. Advocate (crl. side)

ORDER

This writ petition is filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent's Impugned communication No. SCN/316387689/23 dated 04.12.2023 and quash the same and consequently direct the 1st respondent to issue passport to the petitioner by considering his application No. MD1065982760523 dated 17.11.2023 and for other reliefs within a period stipulated by this Court.

2. The petitioner is working as Driver and he decided to go to abroad. Hence, he made an application to the first respondent for issuance of passport. However, the first respondent has rejected his application vide impugned communication dated 04.12.2023 on the ground that a criminal case in Crime No.274 of 2023 for the offences under Sections 294(b), 323, 2/5

506(ii) IPC is pending on the file of the Keelavalavu Police Station. Challenging the said impugned communication, he has filed the present writ petition.

3. The learned Government Advocate (criminal side) appearing for the second respondent would submit that there are three criminal cases pending against the petitioner and he is a habitual offender. Subsequent to the issuance of the impugned communication, the petitioner has involved in one another case. Hence, the respondent police has strongly opposed to issuing passport to the petitioner.

4. It is seen from the First Information Reports that the petitioner is a habitual offender. Hence, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 3/5

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

2.The Inspector of Police, Keelavalavur Police Station, Madurai District.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.989 of 2024 and W.M.P(MD)No.1011 of 2024 13.02.2024 5/5