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Madras High CourtWP(MD)/10689/2019allowed

T.Lakshmanan, v. The Regional Passport Officer,

2019-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10689 of 2019 T.Laksmanan

...Petitioner

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

2.The Inspector of Police, Aundipatti Police Station, Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to issue passport to the petitioner by considering the petitioner's passport application reference Number CPP4073940 and the File Number is MD01C5024101919 dated 25.03.2019.

For Petitioner : Mr.M.Solaisamy For R1 : Mr.V.Kathirvelu, Assistant Solicitor General Assisted by Mr.Muthukumar 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 Assistant Solicitor General appearing for the first respondent and the learned Additional Government Pleader for the second respondent.

2.The petitioner wants issuance of passport by the first respondent by considering the petition mentioned application. When the matter was taken up for hearing, the learned Assistant Solicitor General pointed out that S.C.No.82 of 2016 on the file of the I Additional Subordinate Court, Theni, is pending against the petitioner. Therefore, normally, the petitioner will have to necessarily move the jurisdictional Criminal Court for getting permission to travel abroad. However, in this case, the petitioner states that he needs to attend an urgent business meeting at Srilanka on 11.05.2019 and 12.05.2019. It is also pointed out that https://hcservices.ecourts.gov.in/hcservices/

during the month of May, the Sessions Court / Sub Court will not be functioning.

3.Considering these aspects, this Court directs the first respondent to issue passport to the petitioner for a period of validity up to 31.05.2019, subject to fulfilment of all other formalities. The first respondent shall issue the passport to the petitioner within a period of one weeks form the date of receipt of a copy of this order.

4.After the petitioner returns from Srilanka, he shall surrender the passport to the first respondent and thereafter move the jurisdictional Criminal Court, in this case, the I Additional Subordinate Court, where the criminal case against him is pending for permission to travel abroad in future.

5.Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai- 625 002.

2.The Inspector of Police, Aundipatti Police Station, Theni District.

Copy To:

The I Additional Subordinate Judge, Madurai.

+3cc to Mr.M.Solaisamy,Advocate, SR.No.63495 +2cc to Mr.S.Muthukumar,Advocate, SR.No.63512 W.P.(MD)No.10689 of 2019 27.04.2019 SP/29.04.2019/ 2P/9C https://hcservices.ecourts.gov.in/hcservices/