Madras High CourtWP(MD)/10445/2019allowed

Rajkumar, v. The 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.10445 of 2019 and W.M.P.(MD)No.8034 of 2019 Rajkumar ... Petitioner Vs 1.The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Sendamaram Police Station, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to issue passport to the petitioner in file No.MD2062013168119. For Petitioner : Mr.K.Navaneetharaja For R1 : Mr.V.Kathirvelu Additional Solicitor General Assisted by Mr.Subbiah Central Government Standing Counsel For R2 & R3 : 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 and second respondents and the learned Additional Government Pleader appearing for the third 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 https://hcservices.ecourts.gov.in/hcservices/

four weeks from the date of receipt of a copy of this order, subject to the fulfillment of all the other formalities. 3.With these observations, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) ias To:

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

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Sendamaram Police Station, Tirunelveli District.

+2CC TO MR.M.KARTHIKEYA VENKITACHALAPATHY, Advocate Sr. No.63023 +1CC TO MR.K.NAVANEETHA RAJA, Advocate Sr. No.63107 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.63989 W.P.(MD)No.10445 of 2019 26.04.2019 RP(CO) TR (08.05.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/