Pandi Selvam v. The Regional Passport Officer

1 W.P.(MD)No.2539 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2539 of 2023 Pandi Selvam ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Trichirappalli - 620 018.

2.The Inspector of Police, K.Puduppatti Police Station, K.Puduppatti, Pudukkottai District.

... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to reissue Passport in petitioners favour on the basis of his passport application No. TR2074300383122 dated 13.06.2022 within the time stipulated by this Court.

For Petitioner : Mr.K.C.Maniyarasu For R1 : Mr.P.Paulpandi Senior Panel Counsel For R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/ 4

2 W.P.(MD)No.2539 of 2023

O R D E R

Heard the learned counsel on either side.

2. The petitioner seeks re-issuance of passport. Since criminal cases are pending against the petitioner, his passport application has not been processed. That led to the filing of this writ petition.

3. When the matter was taken up for hearing, the learned Government Advocate appearing for the second respondent submitted that one criminal case is pending against the petitioner and that final reports has been filed in before the Judicial Magistrate, Thirumayam and that cognizance is yet to be taken.

4. It is well settled that pendency of criminal case in FIR stage is not an impediment for issuance of passport. In this case since cognizance has not been taken, I have to proceed on the presume that there is no criminal proceedings pending on the file of any Court as of now.

5. However, the petitioner has to appear before the second respondent and file an affidavit indicating his contact details. The petitioner has to furnish his mobile phone details as well as email details. 2/ 4

3 W.P.(MD)No.2539 of 2023 This is because if any final report is filed adverse to the petitioner and the same is taken on file by the jurisdictional Magistrate, it could be possible to serve summons on the petitioner. The petitioner also must give an undertaking that the prosecution initiated against him will not be stalled, on account of his absence from India. If necessary, the petitioner will have to execute Special Vakalath in future so that he can be represented in the proceedings.

6. The petitioner shall file such an affidavit before the second respondent within a period of three weeks from the date of receipt of a copy of this order. After the petitioner satisfies the first respondent that he has complied with the undertaking mentioned above, the first respondent shall process the petition mentioned application and reissue passport subject to fulfilment of the other usual formalities.

7. This writ petition is allowed on these terms. No costs. 28.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn 3/ 4

4 W.P.(MD)No.2539 of 2023 G.R.SWAMINATHAN,J.

pnn To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Trichirappalli - 620 018.

2.The Inspector of Police, K.Puduppatti Police Station, K.Puduppatti, Pudukkottai District.

W.P.(MD)No.2539 of 2023 28.02.2023 4/ 4