Madras High CourtWP(MD)/5906/2020dismissed

J Sahayaraja v. The Regional Passport Officer

2023-03-10Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA J.Sahayaraja .. Petitioner Vs.

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

2.The Inspector of Police, Mangalamedu Police Station, Perambaloor District, Cr.No.383 of 2015.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to return back the petitioner's passport bearing No.U2253068 dated 20.11.2019 which was surrendered on 09.12.2019.

For Petitioner :

Mr.S.Alagarsamy For R1 :

Mr.K.Prabu Central Government Counsel For R2 :

Mr.M.Vaikkam Karunanithi Government Advocate

ORDER

This Writ Petition is filed to issue Writ of Mandamus directing the 1st respondent to return back the petitioner's passport bearing No.U2253068 dated 20.11.2019, which was surrendered on 09.12.2019.

2. Heard the learned counsel for the petitioner, the learned Central Government Counsel for the first respondent and the learned Government Advocate for the second respondent.

3. It is brought to the notice of this Court that a criminal case was registered against the petitioner in C.C.No.62 of 2022 on the file of the Judicial Magistrate, Perambalur and subsequently, the same has been disposed of acquitting the petitioner from the crime.

4. Since a criminal case had been initiated against the petitioner, this Court is not inclined to grant the relief as such sought for in this Writ Petition. However, while dismissing this Writ Petition, liberty is granted to the petitioner to make an application to the Judicial Magistrate, Perambalur to return the passport back. On receipt of such application, the Judicial Magistrate, Perambalur shall pass orders on merits and in accordance with law.

5. In the result, this Writ Petition is dismissed. However, there shall be no order as to costs.

10.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Regional Passport Officer, Regional Passport Office, Bharathi ula Veethi, Race Course Road, Madurai-625 002.

2.The Inspector of Police, Mangalamedu Police Station, Perambaloor District, Cr.No.383 of 2015.

Dated: 10.03.2023