Mariraj v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Mariraj ... Petitioner Vs.

1.The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002 2.The Inspector of Police, All Women Police Station (Awps), Puliangudi, Thenkasi 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 1st respondent to issue Passport to the petitioner based on her application in File Number:MD7077164070324 on the file of the 1st respondent within a stipulated time by this Court. For Petitioner : Mr.R.Karunanidhi For R-1 : Mr.V.Maleiyendran, Central Government Standing counsel For R-2 : Mr.K.Gnanasekaran, Government Advocate, (Criminal side) 1/5

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to direct the 1st respondent to issue Passport to the petitioner based on her application in File Number:MD7077164070324 on the file of the 1st respondent. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.

4.The petitioner has applied for renewal of a passport before the 1st respondent in application No. MD7077164070324. The 1st respondent issued a clarification letter dated 02.01.2025 requiring the petitioner to explain with respect to the crime in Crime No.7 of 2024 registered by the 2nd respondent police against the petitioner. The petitioner duly appeared before the 1st respondent and has given an explanation that the 2nd respondent police has not filed a final report.

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5.Per contra, the learned Government Advocate appearing for the 2nd respondent police, Mr.K.Gnanasekaran, Government Advocate (Criminal side) submitted that the crime in crime No.7 of 2024, has culminated in laying a charge sheet in C.C.No.13 of 2025 on the file of the JM Sivagiri, Tenkasi District. 6.The petitioner is given liberty to move the trial Court / JM Sivagiri, Tenkasi District, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief.

Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of BNSS, 2023 by executing a special vakalat.

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7.Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer who shall dispose of the petition-mentioned application in terms of the said order.

8.The writ petition is allowed on these terms. There shall be no order as to the costs.

28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002 2.The Inspector of Police, All Women Police Station (Awps), Puliangudi, Thenkasi District.

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L.VICTORIA GOWRI, J.

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