Madras High CourtWP(MD)/4008/2019allowed

Prasath, v. The Regional Passport Officer

2019-04-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4008 of 2019 and W.M.P.(MD)No.3098 of 2019 Prasath ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Madurai.

2.The Inspector of Police, Keelavalavu Police Station, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the impugned order dated 14.11.2017 passed by the first respondent and quash the same as illegal.

For Petitioner : Mr.A.V.Arun For R1 : Mr.V.Kathirvelu Assistant Solicitor General assisted by Mr.K.Prabhu Central Government Standing Counsel For R2 : Mr.M.Karuppasamy Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioner was issued with a passport in the year 2012. It was reissued on 09.11.2017. Since the petitioner had earlier taken a passport under Emigration Check Required Category, he now wants a fresh passport under non emigration required category. But in the meanwhile, the petitioner got involved in a criminal case. Therefore, the petitioner's passport was originally impounded and thereafter returned.

3.The criminal case is only at the First Information Report Stage. The same need not act as a impediment or bar for issuance of passport.

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4.In this view of the matter, the order impugned in this writ petition is quashed and this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS) pnn To 1.The Regional Passport Officer, Regional Passport Office, Madurai.

2.The Inspector of Police, Keelavalavu Police Station, Madurai.

+1 CC to M/s.K.PRABHU, Advocate ( SR-62414[F] dated 25/04/2019 ) +1 CC to M/s.SPL GP ( SR-62460[F] dated 25/04/2019 ) W.P.(MD)No.4008 of 2019 and W.M.P.(MD)No.3098 of 2019 24.04.2019 ES/09.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/