Madras High CourtWP(MD)/3089/2024disposed of

Arunkumar Nagalingam v. The Regional Passport Officer

2024-02-13Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Arunkumar Nagalingam ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirapalli 620 018.

2.The State represented by the Inspector of Police, Pattukottai Town Police Station, Pattukottai, Thanjavur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to issue Police Clearance Certificate to the petitioner, by processing the petitioner's Application No.TR1086834373923, dated 22.11.2023. For Petitioner : Mr.S.Sathyachidambaram For R1 : Mr.R.Arjunarajan Standing counsel For R2 : Mr.S.S.Madhavan Government Advocate (Crl.side) 1/5

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to issue Police Clearance Certificate to the petitioner, by processing the petitioner's Application No.TR1086834373923, dated 22.11.2023.

2. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he has applied for the passport in the year 2022 and got the passport on 06.09.2022. Thereafter, he secured job in Kuwait country. Subsequently, he applied for visa and obtained the same in Visa No.255733810. Thereafter, he has made an application before the first respondent seeking Police Clearance Certificate. The first respondent by letter dated 14.12.2023, called for explanation from the petitioner stating that a criminal case is pending against him in Crime No.151 of 2021 on the file of the second respondent and also produce the relevant documents within 21 days. On 02.01.2024, the petitioner appeared before the first respondent and given an explanation. But till 2/5

now the first respondent has not issued the Police Clearance Certificate. Hence, the petitioner has filed the present writ petition.

4. The learned Government Advocate (Crl.side) appearing for the second respondent would submit that only F.I.R. has been registered against the petitioner in Crime No.151 of 2021 and no other case has been pending against him.

5. Considering the above said facts, this Court directs the first respondent to process the petitioner's Application No.TR1086834373923, dated 22.11.2023 and pass appropriate orders, on merits and in accordance with law, regarding issuance of Police Clearance Certificate to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirapalli 620 018.

2.The Inspector of Police, Pattukottai Town Police Station, Pattukottai, Thanjavur District.

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V.BHAVANI SUBBAROYAN ,J.

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