Madras High CourtWP(MD)/2962/2023allowed

Aravindan K v. The Regional Passport Officer

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 K.Aravindan ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.

2.The Superintendent of Police, District Police Officer, Kanyakumari District.

3.The Inspector of Police, Thuckaly Police Station, Kanyakumari District.

... Respondents 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 issue the petitioner's passport in respect of the petitioner's application in file No.MD2063668563721, dated 26.10.2021, within a stipulated time prescribed by this Court.

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For Petitioner : Mr.S.Boominathan For Respondents : Mr.M.Karunanithi CGSC for R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R2 & R3

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Central Government Standing Counsel appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the respondents 2 & 3.

2. The petitioner seeks issuance of passport. He had already submitted the petition mentioned application. The criminal case registered against the petitioner has culminated into a final report. But it has not been taken on file by the jurisdictional trial Court. This Court has to proceed on the premise that the case registered against the petitioner is only pending at the FIR stage. There cannot be any impediment to process the petitioner's application. The first respondent is directed to process the petition mentioned application and issue passport to the petitioner subject to fulfilment of the usual formalities. 2/4

3. This Writ Petition is allowed. No costs.

01.03.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Superintendent of Police, District Police Officer, Kanyakumari District.

2.The Inspector of Police, Thuckaly Police Station, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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