A. Saravanan v. The Regional Passport Officer
W.P.(MD)No.5702 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2020
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN, J W.P.(MD)No.5702 of 2020 A.Saravanan ... Petitioner vs.
The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, WB Road, Tiruchirapalli - 620008.
Tamil Nadu.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to issue a passport in favour of the petitioner in passport application No.TR2061895931519 based on the petitioner's representation dated 22.09.2019.
For Petitioner :Mr.S.Gopala Manikandan For Respondent : Mr.V.Kathirvelu Assistant Solicitor General, assisted by Mr.M.Kannan ****
O R D E R
The writ petition has filed in the nature of mandamus seeking direction to the respondent, Regional Passport Officer, Regional passport office, Tiruchirapally, to issue a passport pursuant to the application No.TR2061895931519, and also based on the representation given by the petitioner on 22.09.2019.
2. The petitioner in his affidavit had stated that he is running an import/export business, in the name of J.K.R.Traders at Tiruchirapalli. Necessarily for such business purposes, he will have to travel outside the country. To travel outside the country, he requires a passport and therefore, he filed a fresh application seeking passport. But, very unfortunately, the Police verification report showed that he was involved in a case registered in Criminal number 10 of 2013 by the City Crime Branch, Trichy City, under Sections 196, 419, 465, 467, 468, 471,474,474,511, 120(b) IPC. The final report had been filed but not taken on file by the concerned Magistrate Court. He has also unfortunately involved himself in https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.5702 of 2020 Cr.No.250 of 2017, which has been registered by Thirumanur Police Station, under Sections 379,511 IPC. Even in that case, the final report has been filed, but not taken on file by the concerned Magistrate.
3. The learned Additional Solicitor General, who appeared on behalf of the respondent, stated that the application of the petitioner had been closed by the officials on 16.03.2020. Therefore, a mandamus cannot be issued with respect to the particular application as mentioned in the writ petition. The writ petitioner, if he actually requires the passport, may once again apply afresh, but again he will have to face the issue of the two crime numbers which have been registered against him and he will have to give necessary explanations, if they are called for by the respondent.
3. Subject to the rules and regulations, the respondent may process a fresh application, if it is submitted by the petitioner. The learned counsel for the petitioner states that the petitioner would be filing a fresh application on or before 31.03.2020. If it is so filed, the respondent, after verifying all the necessary aspects and details, examine the possibility of passing orders on the application on or before 30.04.2020.
4. With these observations, the writ petition is closed. No Costs.
Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) Pkn To The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, WB Road, Tiruchirapalli - 620008.
Tamil Nadu.
+1 CC to M/s.S.GOPALAKRISHNAN, Advocate ( SR-12488[F] dated 19/03/2020 ) +1 CC to M/s.M.KANNAN, Advocate ( SR-12532[F] dated 19/03/2020 ) W.P.(MD)No.5702 of 2020 19.03.2020 KK/14.05.2020/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2