Madras High CourtWP(MD)/1273/2022disposed of

Mariaselvan Yesudason v. The Regional Passport Officer

2023-03-21Honourable Mr Justice C.V. Karthikeyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD) No.1118 of 2022 Mariaselvan Yesudason ... Petitioner Vs.

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

2.The Passport Officer Passport Seva Kendra, Tirunelveli.

3.The Inspector of Police Karungal Police Station, 1/6

4.The Inspector of Police Marthandam Police Station, 5.The Inspector of Police Nesamony Nagar Police Station, ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to issue Police Clearance Certificate (PCC) to the petitioner on the basis of the application submitted by the petitioner dated 22.12.2021 in accordance with law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.P.Paul Pandi - for R1 & R2 Mr.R.M.S.Sethuraman - for R3 to R5 Additional Public Prosecutor 2/6

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction to the first respondent to issue, 'Police Clearance Certificate' to the petitioner on the basis of an application filed by the petitioner on 22.12.2021.

2. In the affidavit filed in support of the writ petition, the petitioner had stated that the petitioner had applied for 'Police Clearance Certificate' before the second respondent/Passport Officer, Tirunelveli, on 22.12.2021 vide application No.ARN:21-1009176247 with file No.MD2086648823921. The first respondent however, stated that there were as many as three First Information Reports (FIR) registered against the petitioner herein. They are FIR in Crime No.227 of 2020 registered by the third respondent, FIR in Crime No.1015 of 2021 registered by the fourth respondent and FIR in Crime No.122 of 2021 registered by the fifth respondent.

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3. The learned Additional Public Prosecutor states that insofar as the two of the FIRs' are concerned they have been dropped as 'No Further Action' is required after investigation. The third FIR had also been quashed. It is stated that no FIR is pending against the petitioner herein. It is stated that the report had also been forwarded to the first respondent on 18.07.2022.

4. The first respondent is now directed to issue 'Police Clearance Certificate' to the petitioner since there are no FIR is pending and such 'Police Clearance Certificate' should be issued within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6

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

2.The Passport Officer Passport Seva Kendra, Tirunelveli.

3.The Inspector of Police Karungal Police Station, 4.The Inspector of Police Marthandam Police Station, 5.The Inspector of Police Nesamony Nagar Police Station, 5/6

C.V.KARTHIKEYAN, J.

rm 21.03.2023 6/6