Madras High CourtWP(MD)/1515/2023dismissed

Maruthappan .M v. The Regional Passport Officer

2023-02-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Maruthappan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, New Municipal Complex, Thillai Nagar 7th Cross, Trichy - 620 018.

2.The Attache (Passport), Embassy of India, Ministry of External Affairs, Riyadh, Kingdom of Saudi Arabia.

3.The Inspector of Police, Melur Police Station, Melur, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to release the passport bearing No. W1568608 dated 21.09.2022 and hand it over to the petitioner's son Rajkumar Maruthappan. 1/4

For Petitioner : Mr.G.Ramanathan For Respondents : Mr.V.S.Karthi Senior Panel Counsel for R.1 & R.2 Mr.R.Sivakumar Government Advocate (Criminal Side) for R.3

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's son is presently at Riyadh. The validity period of his passport expires on 17.03.2023. The petitioner therefore has moved this Court for directing the passport authorities to extend the validity of his son's passport. In normal circumstances this Court would have definitely allowed the petition. But the learned Government Advocate (Criminal Side) brought to the Court notice about the pendency of the criminal cases under Sections 294(b), 324 and 506(2) IPC registered against the petitioner. On account of the petitioner's absence from India, PRC No.37 of 2009 has been pending on the file of learned Judicial Magistrate, Melur for 14 years. It is a case registered for the offence under Section 304-B IPC. Taking into account the gravity of the offences registered against the son of the petitioner, I am not inclined to grant relief.

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3.This writ petition is dismissed. There shall be no order as to costs. 20.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, New Municipal Complex, Thillai Nagar 7th Cross, Trichy - 620 018.

2.The Attache (Passport), Embassy of India, Ministry of External Affairs, Riyadh, Kingdom of Saudi Arabia.

3.The Inspector of Police, Melur Police Station, Melur, Madurai District.

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G.R.SWAMINATHAN, J.

MGA 20.02.2023 4/4