Ravikumar Mookooran v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.6574 of 2025 Ravikumar Mookooran ... Petitioner -vs1. The Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.
2. The Inspector of Police, All Women Police Station, Thallakulam, Madurai.
... Respondents (In Crime No. 22/2018) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 20.02.2025 and to expedite the process of reissuing passport to the petitioner based on his application registered File No. MD1077353609325 dated 29.01.2025 on the file of the 1st respondent and thereby permit the petitioner to travel abroad. 1/6
For Petitioner : Mr.M.K.Sachin Rahul For Respondents : Mr.G.Moovendran (R1) Central Govt. Standing Counsel Mr.K.Gnanasekaran (R2) Government Advocate
ORDER
Mr.G.Moovendran, learned Central Government Panel Counsel takes notice for first respondent and Mr.K.Gnanasekaran, learned Government Advocate (Crl. Side) takes notice for the second respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed to direct the 1st respondent to consider the petitioner's representation dated 20.02.2025 and to expedite the process of re-issuing passport to the petitioner based on his application registered File No. MD1077353609325 dated 29.01.2025 on the file of the 1st respondent and thereby permit the petitioner to travel abroad.
3. The petitioner has made an application in File No. MD1077353609325, seeking re-issuance of his passport. While so, on 2/6
receipt of adverse police verification report, the first respondent had issued a communication to the petitioner, requiring an explanation from the petitioner. Hence, the Writ Petition is filed, to direct the first respondent to issue the passport to the petitioner.
4. The learned Government Advocate (Crl. side) appearing for the second respondent, on instructions would submit that FIR in Crime No.22 of 2018 was registered by the second respondent and the same has culminated in laying charge sheet in C.C.No.2106 of 2023 before the Additional Mahila Court, Madurai.
5. Heard the learned counsels on either sides and carefully perused the materials available on record.
6. The petitioner is given liberty to move the Additional Mahila Court, Madurai, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the trial Court unless 3/6
there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of BNSS, 2023 by executing a special vakalat.
7. Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer, who shall dispose of the petition mentioned application in terms of the said order.
8. The writ petition is allowed on the above terms. There shall be no order as to the costs.
14.03.2025 NCC : Yes/No Index : Yes / No sm 4/6
TO:-
1. The Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.
2. The Inspector of Police, All Women Police Station, Thallakulam, Madurai.
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VIVEK KUMAR SINGH, J.
sm Order made in W.P.(MD)No.6574 of 2025 Dated:
14.03.2025 6/6