Madras High CourtWP(MD)/2215/2023allowed

Muthusamy. Mr 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 and W.M.P(MD)No.1994 of 2023 M.R.Muthusami ... Petitioner Vs 1.The Regional Passport Officer, External affairs of India, Regional Passport Office, Madurai.

2.The Superintendent of Police, Dindigul, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned closure notification Referring No. FCI/309727121/20 dated 15.02.2020 issued by the first respondent and to quash the same as illegal and direct to the first respondent issue Passport based on the petitioner application bearing MD1062133719719 dated 20.05.2019. 1/4

For Petitioner : Mr.M.Viji For Respondents : Mr.S.Jeyasingh Senior Panel Counsel for R.1 Mr.R.Sivakumar Government Advocate (Criminal Side) for R.2

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks issuance of passport. In view of the adverse police verification report, the petitioner's application was not processed. Instead, the petitioner was called upon to offer an explanation. That led to the filing of this writ petition.

3.I called upon the Police authorities to furnish information regarding the details of the cases registered against the petitioner. The second respondent has filed a detailed counter affidavit and the list of cases registered against the petitioner has been catalogued. It is seen therefrom that almost all the cases are political in nature. The petitioner has taken part in public agitations that led to the registration of various cases. They are not serious in nature. I therefore direct the first respondent to process the petitioner's application and issue passport to the petitioner subject to fulfilment of the other usual formalities. 2/4

4.This writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 20.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Regional Passport Officer, External affairs of India, Regional Passport Office, Madurai.

2.The Superintendent of Police, Dindigul, Dindigul District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.1994 of 2023 20.02.2023 4/4