Madras High CourtWP(MD)/7265/2019allowed

R.Muthu Bharathi, v. The Regional Passport Officer

2019-03-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7265 of 2019 R.Muthu Bharathi ... Petitioner Vs 1.The Regional Passport Officer, Tiruchirapalli.

2.The Inspector of Police, Matukkur Police Station, Tanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for documents pertaining to the impugned letter passed by the first respondent Ref No.FCL/306214957/17 dated 01.11.2017 and quash the same as illegal and consequently direct the first respondent to restore the petitioner's passport application No.TR 1069605893716 on file and may dispose of the same within a specified period without insisting on Court judgment.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.V.Karthirvelu Additional Solicitor General Assisted by Mr.Balaji Krishnasamy MR.K.MU.Muthu, AGP for R2

ORDER

The petitioner wants this Court to direct the first respondent to issue passport to him. The petitioner submitted an application in the year 2017. Since the petitioner did not appear for the interview, the file got closed on 01.11.2017. The petitioner is given liberty to submit a fresh application for issuance of passport.

2. It is stated that a criminal case is pending against the petitioner at the FIR stage. It is made clear that mere pendency of a criminal case at the FIR stage, is not a bar for issuing passport. If the petitioner fulfils all the other formalities, the first respondent shall process the petitioner's application and issue passport to him as expeditiously as possible. https://hcservices.ecourts.gov.in/hcservices/

3. Therefore, the order impugned in this writ petition dated 01.11.2017 issued by the first respondent is set aside and this Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The Regional Passport Officer, Tiruchirapalli.

2.The Inspector of Police, Matukkur Police Station, Tanjavur District.

+1CC TO MR.K.P.NARAYANA KUMAR, Advocate Sr. No.56895 +2CC TO MR.T.BALAJI, Advocate Sr. No.57306 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.57750 W.P.(MD)No.7265 of 2019 27.03.2019 TR (15.04.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/