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Madras High CourtWP(MD)/10347/2019allowed

Moorthy, S/O.Nagarajan, v. The Regional Passport Officer

2019-04-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10347 of 2019 Moorthy ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to issue a passport based upon the petitioner's passport application in ARN: 18-1011496575, dated 27.11.2018 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For R1 : Mr.V.Kathirvelu Additional Solicitor General Assisted by Mr.Moovendiran Central Government Standing Counsel For R2 : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Solicitor General appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent.

2.The petitioner seeks issuance of passport based on the petition mentioned application. It appears that there is a criminal case pending against the writ petitioner. But it is seen that the case is pending only at the FIR stage only. It is well settled that pendency of criminal case at the FIR stage is not a bar or impediment for issuance of passport. The first respondent is directed to issue passport to the petitioner within a period of four weeks from the date of receipt of a copy of this order, subject to the fulfillment of all the other formalities. https://hcservices.ecourts.gov.in/hcservices/

3.With these observations, the Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS) To:

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

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

+1cc to Mr.R.Karunanidhi, Advocate, SR.No. 62938 +1cc to M/s.Special Government Pleader,SR.No. 63991 W.P.(MD)No.10347 of 2019 26.04.2019 IAS KK/SAR/08.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/