Madras High CourtWP(MD)/5288/2019allowed

Rajesh Kumar, v. The Regional Passport Officer,

2019-03-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5288 of 2019 Rajesh Kumar ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ulaveethi, Race Course Road, Madurai. ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 24.02.2019 for the issuance of fresh passport by processing his passport application No.MD1060257776917 within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Vishnu For Respondent : Mr.V.Kathirvelu, Assistant Solicitor General, assisted by, Mr.S.Muthukumar, Central Government Standing Counsel.

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O R D E R

Heard the learned counsel appearing for the Writ petitioner and the learned Assistant Solicitor General appearing for the respondent.

2. The petitioner's application for issuing of pass port was closed on 11.01.2019. The petitioner has given a representation dated 25.02.2019. It appears that the only reason for non-issuance of passport to the petitioner is the pendency of a criminal case against him.

3. It appears that the case against the petitioner is only at the F.I.R. stage. If that is so, the same will not be an impediment for issuing passport to the petitioner. Therefore, the petitioner is directed to give a fresh application and the respondent shall reopen the closed file and issue passport to the petitioner, if all the other formalities stand fulfilled. It is made clear once again that pendency of criminal case in the F.I.R. https://hcservices.ecourts.gov.in/hcservices/

stage will not be a bar for issuing passport to the petitioner.

4. The Writ petition stands allowed, accordingly. No costs. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ulaveethi, Race Course Road, Madurai.

+2 CC to M/s.S.MUTHUKUMAR, Advocate( SR-52111[F] dated 06/03/2019 ) +1 CC to M/s.V.VISHNU, Advocate ( SR-52138[F] dated 07/03/2019 ) PMU W.P.(MD)No.5288 of 2019 06.03.2019 KM/(22.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/