Abdul Subuthan Ahamed Kabeer v. The Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2456 of 2019 Abdul Subuthan Ahamed Kabeer ... Petitioner Vs The Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichy-620008.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to reissue passport to the petitioner based on the petitioner's application dated 12.04.2016 and within the time stipulated by this Court.

For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.R.Ganeshkumar

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks re-issuance of his passport. It is true that the petitioner was prosecuted in C.C.No.35 of 2013 on the file of the Special Court (Economic Offence), Bangalore. The case ended in levy of fine and the petitioner was sentenced to undergo simple imprisonment till rising of the Court. The said judgment dated 22.06.2013 was challenged by the Customs Department by filing of revision. The revision petition was dismissed by the Sessions Court on 23.06.2018. Thus as on date there are no criminal proceedings pending against the writ petitioner. Therefore, there cannot be any impediment for reissuing the petitioner's passport. Therefore, the respondent is directed to reissue the petitioner's passport based on his application dated 12.04.2016 subject to fulfilment of the other statutory and legal formalities.

3. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

TO The Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichy-620008.

+1cc to Mr.K.M.Karunakaran, Advocate, SR.No. 51253 W.P.(MD)No.2456 of 2019 01.03.2019 RMK KK/SAR-/20.03.2019/2P-3C https://hcservices.ecourts.gov.in/hcservices/