P.Arunachalam, v. The Pass Port Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7775 of 2019 P.Arunachalam ... Petitioner Vs 1.The Passport Officer, Passport Seva Office, Tirunelveli.

2.The Passport Officer, Passport Office, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to permit the petitioner to travel abroad namely to Malaysia for participating World cup Kabadi Tournament scheduled to be conducted from 04.04.2019 to 15.04.2019 at Melaka, Malaysia thereby duly issuing Takkal passport to the petitioner in the light of the communication of New Kabadi Federation issued by the General Secretary based on the petitioner application dated 24.03.2019 immediately duly considering the urgency for the same.

For Petitioner : Mr.S.Alagusundar For Respondents : Mr.V.Kathirvelu, Assistant Solicitor General Assisted by Mr.V.Muthukumar

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Assistant Solicitor General appearing for the respondents.

2.The petitioner wants the respondents to issue passport to him so as to enable him to take part in the World Cup Kabadi Tournament scheduled to be conducted from 04.04.2019 to 15.04.2019 at Melaka, Malaysia.

The petitioner had already taken out a tadkal application. But then, on account of the implication of the petitioner in a criminal case, the respondents are unable to process the said application.

3.It is seen that the petitioner is shown as an accused in S.C.No.591/2016 on the file of the Additional Sessions Court, Tenkasi, for the offences under Sections 143, 188 of IPC r/w Section 3 of TNPPDL Act. When the case is pending before the https://hcservices.ecourts.gov.in/hcservices/

Criminal Court, it is that Court which will have to clear the petitioner's application for passport.

4.Considering the extraordinary circumstances of this case, I direct the respondents to issue passport to the petitioner forthwith so that the petitioner can take part in the proposed Tournament. Ofcourse, the petitioner will have to fulfil all the other usual formalities. Since, the petitioner is involved in a criminal case, the respondents will have to restrict the period of validity to six months.

5.Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Passport Officer, Passport Seva Office, Tirunelveli.

2.The Passport Officer, Passport Office, Madurai.

+2cc to Mr.S.MUTHUKUMAR, Advocate, SR.No.58183 +1cc to Mr.S.Alagusundar, Advocate, SR.No.58233 W.P.(MD)No.7775 of 2019 PNN/SJI KK/SAR-/01.04.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/