Madras High CourtWP(MD)/974/2023disposed of

Mohamed Salihu Makkin v. The Regional Passport Officer

2023-02-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Mohamed Salihu Makkin ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Plot No.A5, Salai Road and Shastri Road Junction, Trichy.

2.The Inspector of Police, Peelamedu Police Station, Coimbatore City.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to re-issue the passport bearing No. Z6664955 to the petitioner on the basis of the petitioner's application dated 21.12.2022 pending in Passport Application No. 22-1015005043 before the first respondent.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.T.Thirupathy Central Government Standing Counsel for R.1 1/4

Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.2

ORDER

Heard the learned counsel on either side.

2.The petitioner is a holder of an Indian passport. He seeks reissuance of the same. He has submitted an application in this regard. 3.When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the second respondent Police as well as the learned Central Government Standing Counsel appearing for the passport authority submitted that when the petitioner arrived on 21.11.2022 by flight in Coimbatore Airport it was found that he was possessing 200 grams of pure gold chain concealed in his pant pocket which was not declared before the customs. After detection of gold, the petitioner is alleged to have torn off few pages of his passport. He was therefore handed over to the immigration department. A criminal case has also been registered in this regard. 4.Considering the conduct of the petitioner, I am not in a position to straightaway issue a direction in his favour. The first respondent is directed to 2/4

conduct an enquiry and pass final order on merits and in accordance with law. This writ petition is disposed of accordingly. There shall be no order as to costs.

06.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Regional Passport Officer, Regional Passport Office, Plot No.A5, Salai Road and Shastri Road Junction, Trichy.

2.The Inspector of Police, Peelamedu Police Station, Coimbatore City.

3/4

G.R.SWAMINATHAN, J.

MGA 06.02.2023 4/4