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Madras High CourtWP(MD)/1690/2023allowed

Mohamed Abubacker v. The Regional Passport Officer

2023-03-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Mohamed Abubacker ... Petitioner Vs.

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

2.The Inspector of Police, Veeracholan Police Station, Veeracholan, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to reissue passport bearing No.H1996694 to the petitioner by processing his application in File No.MD3074866570922 based on the explanation/representation dated 06.01.2023 within a time limit. For Petitioner : Mr.B.Anandan For Respondents : Mr.G.Rajaraman for R1 1/4

Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R2

ORDER

Heard the learned counsel on either side.

2.When the matter was taken up for disposal, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has culminated in C.C No.104 of 2022 on the file of the Judicial Magistrate, Thiruchuli. Therefore, the petitioner has to necessarily move the jurisdictional Magistrate for permission.

3.The petitioner is permitted to move the jurisdictional magistrate court at Thiruchuli. As and when such an application is filed, the jurisdictional Magistrate is directed to dispose of the same on merits and in accordance with law within a period of three weeks thereafter. 4.The writ petition is disposed of accordingly. No costs. 01.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Skm 2/4

To:- The Inspector of Police, Veeracholan Police Station, Veeracholan, Virudhunagar District.

Copy to:- The Judicial Magistrate, Thiruchuli.

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G.R.SWAMINATHAN, J.

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