Ramakrishnan Venkatachalam v. The Regional Passport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.3419 of 2018 Ramakrishnan Venkatachalam ...

Petitioner Vs.

The Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirapalli 620 008.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to quash the show cause notice issued by the respondent with reference number SCN/305439041/17, dated 05/05/2017.

For Petitioner : Mr.S.Ramesh For Respondent : Mr.V.Kathirvelu, Assistant Solicitor General of India assisted by Mr.G.Rajaraman, Standing Counsel

ORDER

This writ petition has been filed challenging the notice issued by the respondent for impounding the passport of the petitioner.

2.Heard Mr.S.Ramesh, learned counsel appearing for the petitioner and Mr.V.Kathirvelu, learned Assistant Solicitor General of India appearing for the respondent.

3.According to the petitioner, he has been issued with a passport in the year 20.03.2017. Subsequently, the respondent has issued a show cause notice to the petitioner under Section 10(3) of the Passports Act, 1967 for impounding the passport on the ground that criminal case is pending in Crime No.479 of 2016 on the file of the Rajamundry Police Station. According to the petitioner, the petitioner has filed a Criminal Original Petition before the Andhra Pradesh High Court in Crl.P.No.16676 of 2016 and the Andhra Pradesh High Court granted interim stay of all further proceedings in Crime No.479 of 2016 on 21.06.2017. The said order is still in force as on today. Therefore, since no criminal proceedings is pending against https://hcservices.ecourts.gov.in/hcservices/

the petitioner as on today, the respondent cannot impound the petitioner's passport.

4.Per contra, learned Assistant Solicitor General of India appearing for the respondent would submit that admittedly, criminal case was pending against the petitioner and based on that only, impugned show cause notice has been issued under Section 10(3) of the Passports Act, 1967. If the petitioner has obtained any order of interim stay of the criminal proceedings pending against him, it is for him to appear before respondent and submit his explanation. 5.In the above circumstances, the petitioner is directed to appear before the respondent on 28.02.2018 and submit his explanation. If any such explanation is received, the respondent is directed to pass appropriate orders on the same after getting a report from the concerned police station. The said exercise will be completed within a period of six weeks thereafter. 6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Regional Passport office, Municiapal Water Tank Building, W.B.Road,Tiruchirapalli 620 008.

+1cc to Mr.G.RAJARAMAN,Advocate,SR.49720 +2cc to Mr.V.RAGHAVACHARI,Advocate,SR. 49901 Writ Petition (MD) No.3419 of 2018 20.02.2018 SMS SDS/SV MMS/SAR 1/22.02.2018/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/