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Madras High CourtWP(MD)/3663/2024allowed

Hariharan v. The Regional Passport Officer

2024-03-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.3588 of 2024 Hariharan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings dated 31.01.2024 passed by the first respondent and quash the same as illegal and consequently dierct him to issue a passport to the petitioner on the basis of the petitioner's application dated 13.10.2023.

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For Petitioner : Mr.T.Indrachithu For R-1 : Mr.P.Sundara Vadivel For R-2 : Mr.R.Albert James Government Advocate (Criminal Side)

ORDER

Heard both sides.

2. The petitioner applied for issuance of passport. The authorities are under the impression that the petitioner is involved in a criminal case and he is facing prosecution.

3. The learned counsel for the petitioner draws my attention to the communication sent by the second respondent to the first respondent on 29.11.2023. It is seen therefrom that while filing final report in Crime No.591 of 2020, the petitioner's name was deleted from the charge sheet. Therefore, there cannot be any impediment for issuing passport to the petitioner. The petitioner is permitted to apply afresh before the first respondent. On filing of such application, it shall be processed and passport issued to the petitioner as expeditiously as possible.

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4. This Writ Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 27.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

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

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G.R.SWAMINATHAN, J.

Nsr 27.03.2024 4/4