Madras High CourtWP(MD)/4547/2018disposed of

K.Jayakumar v. The Passport Officer

2018-03-05Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD) No.4547 of 2018 K.Jayakumar ... Petitioner Vs.

1.The Passport Officer, Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 2.

2.The Inspector of Police, Kovilpatti East Police Station, Kovilpattai, Thoothukudi District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to 1st respondent to accept the petitioner application in File No.MD2060539816117 dated 08.09.2017 and issue passport in favour of him. For Petitioner : Mr.G.Thiruvarutselvan For 1st Respondent : Mr.V.Kathirvelu, Assistant Solicitor General of India assisted by Mr.Subbiah, Standing Counsel For 2nd Respondent :

Mr.P.Kannidevan, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the first respondent to accept the application of the petitioner in File No.MD2060539816117 and issue passport in favour of the petitioner. 2.According to the petitioner, he has filed an application seeking issuance of a passport. The said application has not been considered on the ground that the police verification report is not clear against the petitioner. In the above circumstances, the present writ petition has been filed.

3.Learned counsel appearing for the petitioner submitted that the petitioner has been implicated in the criminal case for the offence under Section 395 IPC. After trial by a judgment of the Principal District and Sessions Court, Tuticorin, dated 16.11.2014 in S.C.No.349 of 2001, the petitioner was acquitted from the said criminal case. He would further contend except that there is no other case is pending against the petitioner. 4.Learned Assistant Solicitor General of India appearing for the respondent would submit that the petitioner may be directed to appear before the first respondent and submit his explanation https://hcservices.ecourts.gov.in/hcservices/

along with relevant records and on receipt of the same, the first respondent will consider the same and shall pass suitable orders. 5.In the above circumstances, the petitioner is directed to appear before the first respondent on 04.04.2018 and submit his explanation along with relevant records and on receipt of the same, the first respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of two weeks thereafter.

6.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The Inspector of Police, Kovilpatti East Police Station, Kovilpattai, Thoothukudi District.

+One cc to M/s.P.Subbiah, Advocate, SR.No.52852 +One cc to The Special Government Pleader, SR.No.53331 sms RL/4C/2P/CVC/SAR1/3/4/2018 Writ Petition(MD) No.4547 of 2018 05.03.2018 https://hcservices.ecourts.gov.in/hcservices/