R.Marnadu Ramakrishnan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2018 C O R A M THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.8294 of 2018 R.Marnadu Ramakrishnan ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Race Course Road, Bharathi Ula Street, Madurai.

...Respondent

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the respondent to issue passport to the petitioner based on his application in File No.MD10608300887118 dated 03.01.2018 by considering the explanation of the petitioner dated 06.02.2018. For Petitioner : Mr.R. Pandi Maharaja For Respondent : Mr.V.Kathirvelu, Additional Solicitor General assisted by M/s.Raghaventhree ............

O R D E R

By consent of both the counsels the Writ Petition is taken up for final disposal in the admission stage itself.

2. Citing the pendency of the criminal case in Crime No. 150 of 2017 for an offence under section 107 Cr.P.C on the file of the Oomatchikulam Police Station , the petitioner was called upon by the respondent herein to give explanation as to why his application for passport should not be denied. In this connection, the petitioner has also given a representation dated 06.02.2018 stating that the FIR for an offence under section 107 Cr.P.C cannot be treated as a criminal case .

3. In my view it would be appropriate that the respondent herein should consider the petitioner's representation based on the justification made by the petitioner in his https://hcservices.ecourts.gov.in/hcservices/

representation and pass suitable order within the stipulated time.

4. Hence, there shall be a direction to the respondent herein to consider the petitioner's representation dated 06.02.2018 and on its own merits and pass appropriate order within a period of four weeks.

5. The petitioner is also directed to appear before the respondent along with a copy of this order and on such appearance the respondent shall pass necessary orders within the time stipulated herein.

6. With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To The Regional Passport Officer, Regional Passport Office, Race Course Road, Bharathi Ula Street, Madurai.

+ 1 cc TO Mr.S.Ragaventhre , Advocate in SR No. 62261 + 1 cc TO Mr.R.Pandimaharaja , Advocate in SR No. 61678 aav AE/SV MMS/SAR1/14.05.2018/2P/4C W.P.(MD)No.8294 of 2018 17.04.2018 https://hcservices.ecourts.gov.in/hcservices/