Madras High CourtWP(MD)/1703/2023allowed

Rahamadulla .M v. The Government Of India

2023-02-21Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)No.1703 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.1703 of 2023 M.Rahamadulla ... Petitioner Vs.

1.The Government of India, Ministry of External Affairs, New Delhi.

2.The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai Bharathi Ula Veethi Race course Road, Madurai - 625 002.

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

4.The Inspector of Police, Vilakkuthoon Police station, Madurai District.

5.The Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai - 625 102.

... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of 1/ 4

2 W.P.(MD)No.1703 of 2023 India, to issue a Writ of Mandamus, directing the second respondent to renewal of the petitioner's passport bearing No.L2324630 to the petitioner, by considering the petitioner's application No.23-1000479009 dated 12.01.2023.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 : Mr.G.Rajaraman Central Government Standing Counsel For R2 : Mr.B.Thanga Aravindh Government Advocate * * *

O R D E R

Heard the learned counsel on either side.

2.The petitioner seeks renewal of his passport. Since his application was not being processed, this writ petition came to be filed. 3.When the matter was taken up for hearing, the respondents 3 to 5 filed a detailed counter affidavit. The learned Government Advocate took me through its contents. It is seen that totally five cases were registered against the petitioner. Out of them Crime No.285 of 2021 was closed as action dropped. Crime No.1109 of 2020 registered on the file of Melur Police Station, Madurai District, is still pending at the FIR 2/ 4

3 W.P.(MD)No.1703 of 2023 stage. Crime No.369 of 2020 registered on the file of Melavalavu Police Station was charge sheeted but the case has not been taken on file. Crime No.74 of 2021 registered on the file of Melavalavu Police station has been charge sheeted but cognizance is yet to be taken. Crime No.296 of 2019 registered on the file of the Othakadai Police Station, is pending at the FIR stage. All the cases are petty in nature. 4.I am more satisfied that they need not act as an impediment for renewal of the petitioner's passport. The Regional Passport Officer, Madurai is directed to renew the petitioner's passport subject to fulfilment of the other usual formalities.

5.This Writ Petition is allowed. No costs.

21.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn 3/ 4

4 W.P.(MD)No.1703 of 2023 G.R.SWAMINATHAN,J.

pnn To 1.The Government of India, Ministry of External Affairs, New Delhi. 2.The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai Bharathi Ula Veethi Race course Road, Madurai - 625 002.

3.The Inspector of Police, Melur Police Station, Madurai District. 4.The Inspector of Police, Vilakkuthoon Police station, Madurai District.

5.The Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai - 625 102.

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