Arul Ananth.A v. The Regional Passport Office

1 W.P.(MD)No.1409 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1409 of 2023 A.Arul Ananth ... Petitioner Vs.

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

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to return back the passport held in the office of the respondent on bearing Passport No.T0497629.

For Petitioner : Mr.J.Joseph Jerry For Respondent : Mrs.B.Deepa Central Government Standing Counsel * * *

O R D E R

Heard the learned counsel on either side.

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2. The writ petitioner is a holder of Indian passport. His passport is valid up to 18.06.2029. The petitioner was called upon to submit his passport for examining certain documents in September, 2021. The petitioner had given his reply also. While so, when the petitioner landed in India on 30.11.2022, his passport was seized. It is now in the custody of the respondent. The petitioner has to report for duty very shortly. It is for this reason, he wants the passport back. Since his request was not accepted, the present writ petition came to be filed.

3. I directed the petitioner to appear before the respondent on 31.01.2023. The petitioner accordingly appeared. I wanted to know if the petitioner had come under adverse notice of the respondent for any reason. There appears to be no material indicating the involvement of the petitioner in any undesirable activity.

4. The learned Standing counsel appearing for the respondent would state that the petitioner had written to CBI if they have any objection for returning the petitioner's passport and the reply is still awaited.

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5. Since no credible material has been placed before this Court, for detaining or impounding the petitioner's passport, since the petitioner's career is at stake, I direct the respondent to return the passport to the petitioner immediately. I am constrained to issue this direction because the learned counsel for the petitioner states that if the petitioner does not report at work at Soudi Arabia on or before 26.02.2023, he may lose his job. The respondent will take into account the humanitarian aspect. The petitioner's passport shall be immediately handed over to the petitioner.

6. Accordingly, this Writ Petition is allowed. No costs. 21.02.2023 NCC : Yes / No Index : Yes / No Internet: Yes/ No Note: Issue order copy on 21.02.2023 pnn 3/ 4

4 W.P.(MD)No.1409 of 2023 G.R.SWAMINATHAN,J.

pnn To The Regional Passport Office, represented by the Passport Officer, Madurai Bharathi Ula Veethi, Race Course Road, Madurai-625 002.

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