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Madras High CourtWP(MD)/2986/2020disposed of

Thalavai v. The Passport Officer

2020-02-14Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2986 of 2020 Thalavai ... Petitioner Vs.

1.The Passport Officer, Bharathi Ula Veethi, Race Course Road,Madurai.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi 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 re-issue passport to the Petitioner in Passport No.U2252217 considering the order passed by this Court in CRL.O.P (MD)No.15081 of 2019, dated 18.11.2019.

For Petitioner : Mr.R.Balakrishnan For Respondent-1 : Mr.V.Kathirvelu, Asst. Solicitor General assisted by Mrs.Raghaventhree Central Govt.Standing Counsel For Respondent-2 : Mr.M.Pandiarajan Addl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to re-issue passport to the Petitioner in Passport No.U2252217 considering the order passed by this Court in CRL.O.P(MD)No.15081 of 2019, dated 18.11.2019. 2.Mr.V.Kathirvelu, learned Assistant Solicitor General(assisted by Mrs.Raghaventhree, learned Central Government Standing Counsel) takes notice on behalf of the first respondent and Mr.M.Pandiarajan, learned Additional Government Pleader takes notice on behalf of the second respondent.

3.By consent of parties, the main Writ Petition is taken up for final disposal.

4.There was an FIR registered against the Petitioner in Crime No.237 of 2019 for the offence punishable under Sections 153-A, 505

(2) and 171(G) of the Indian Penal Code and Section 4AA(4) of the Tamil Nadu Open Places(Prevention of Disfigurement)Act, 1959. Based on the same, a Surrender Certificate was issued by the first respondent. Subsequently the FIR was quashed by this Court in Crl.O.P(MD)No.15081 by order dated 18.11.2019. Therefore, there is no impediment for the first respondent to reissue the passport to https://hcservices.ecourts.gov.in/hcservices/

the petitioner.

5.The learned Assistant Solicitor General appearing for the respondents would fairly concede that they would return the passport to the Petitioner. The said submission is recorded. 6.In view of the above submission, it is left open to the Petitioner to approach the first respondent to reissue the passport to him, at the earliest point of time.

7.With the above observation,the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The Passport Officer, Bharathi Ula Veethi, Race Course Road,Madurai.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-6295[F] +1 CC to M/s.SPL.GP ( SR-6593[F] dated 17/02/2020 ) ORDER MADE IN W.P(MD)No.2986 of 2020 14.02.2020 SMA/26/02/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/