Madras High CourtWP(MD)/2783/2023disposed of

Jerald v. The Government Of India

2023-03-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jerald ... Petitioner Vs.

1.The Government of India, Ministry of External Affairs, Rep.by the Regional Passport Officer, Bharathi Ula Road, Race Course Salai, Madurai, Madurai District.

2.The Inspector of Police, All Women Police Station, Melur, Madurai District.

3.The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

4.S.Fathima Balin 5.Subaha Daviney ... Respondents (Respondents 4 and 5 are impleaded vide order dated 01.03.2023) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to renew the passport of the petitioner based on his application as submitted by the petitioner on 27.12.2022 under Reference File No.MD1074911379922. For Petitioner : Mr.A.Uthayakumar For Respondents : Mr.V.S.Karthi, SPC for R1 Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R2 & R3 Mr.V.Meenakshisundaram for R4 & R5

ORDER

Heard the learned counsel on either side.

2.When the matter was taken up for disposal, the learned Government Advocate (Crl. Side) submitted that the criminal cases registered against the petitioner have culminated in C.C No.8 of 2019 on the file of the Judicial Magistrate, Melur and C.C No.154 of 2022 on the file of the Judicial Magistrate, Mudhukulathur. Therefore, the petitioner has to necessarily move the jurisdictional Magistrate for permission. 3.Considering the special facts and circumstances obtained in this case, the petitioner is permitted to move the jurisdictional magistrate court at Mudhukulathur. As and when such an application is filed, the jurisdictional 2/4

Magistrate is directed to dispose of the same on merits and in accordance with law within a period of three weeks thereafter. 4.The writ petition is disposed of accordingly. No costs. 01.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Skm To:- 1.The Inspector of Police, All Women Police Station, Melur, Madurai District.

2.The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

Copy to:- The Judicial Magistrate, Mudhukulathur.

The Judicial Magistrate, Melur.

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G.R.SWAMINATHAN, J.

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