Madras High CourtWP(MD)/264/2019disposed of

Sheik Mohamed Nizamudeen v. The Passport Officer

2019-06-03Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.264 of 2019 Sheik Mohamed Nizamudeen

...Petitioner

-Vs1.The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Commissioner of Police, O/o.The Commissioner of Police, Tirunelveli.

3.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the 1st respondent in Letter Ref.No.SCN/307903093/18 dated 30.11.2018 and quash the same as illegal.

For Petitioner : Mr.S.M.A.Jinnah For R-1 : Mr.K.Prabhu For R-2 & R-3 : Mr.Rajarajan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the 1st respondent in Letter Ref.No.SCN/307903093/18 dated 30.11.2018 and quash the same as illegal.

2.Heard Mr.S.M.A.Jinnah, learned counsel appearing for the petitioner and Mrs.Ragaventhre, learned standing counsel appearing for the 1st respondent and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents 2 and 3. 3.The learned standing counsel appearing for the 1st respondent submits that pursuant to the impugned notice dated 30.11.2018, explanation has been given by the petitioner and it has been perused https://hcservices.ecourts.gov.in/hcservices/

and considered by the 1st respondent and after considering the same, it was found that there is no adverse mark as of now against the petitioner and with that view of the issue, the passport issued already in the name of the petitioner has been given to the petitioner and the same is not going to be impounded for any reason stated in the said notice dated 30.11.2018. Therefore, the same can be recorded and accordingly, the writ petition can be disposed of. 4.

In view of the said stand taken by the 1st respondent through the standing counsel appearing for the 1st respondent, by recording the same as there has been no adverse remark as against the petitioner pursuant to the impugned notice and he is free to use his passport, which is not going to be impounded for the alleged reasons stated in the impugned show cause notice, the petitioner cannot have any further grievance to be agitated in this writ petition. 5.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) Arul To 1.The Commissioner of Police, O/o.The Commissioner of Police, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

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

+1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-66831[F] dated 04/06/2019 ) +1 CC to M/s.K.PRABHU, Advocate ( SR-66697[F] dated 03/06/2019 ) +1 CC to M/s.SPL GP ( SR-66716[F] dated 03/06/2019 ) Order made in W.P.(MD)No.264 of 2019 Dated: 03.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/07.06.2019/2P/7C