Madras High CourtWP(MD)/6593/2023disposed of

Muniswaran. N v. The Regional Passport Officer

2023-04-11Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN N.Muniswaran ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai -02.

2.The Inspector of Police, Ilayangudi Police Station, Elayangudi, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to issue the passport to the petitioner based on his application dated 13.02.2023 in file No.MD1065064169523 and also consider the petitioner's representation dated 28.02.2023.

For Petitioner : Mr.S.Pugalendhi For R1 : Mr.K.Govind For R2 : Mr.J.Ashok Additional Government Pleader 1/4

ORDER

This writ petition has been filed in the nature of Writ of Mandamus seeking for a direction to the first respondent / Regional Passport Officer, Madurai to issue passport to the petitioner based on the application dated 13.02.2023 in file No.MD1065064169523. The petitioner had also given a representation in this regard. The petitioner had applied for passport before the first respondent. He was then informed that First Information Report in Crime No.14 of 2020 had been registered against him on 15.01.2020 by the second respondent / Inspector of Police, Ilayangudi Police Station, Ilayangudi, Sivagangai District, under Section 21(4) of Mines and Minerals (Development of Regulation) Act, 1957.

2. It is stated by the learned Additional Government Pleader that consequent to the investigation, a final report had been filed before the Sessions Court, Sivagangai and the final report has been taken cognizance as Spl.C.C.No.110/20 and the hearing date is 12.04.2023.

3. The first respondent may therefore, issue fresh notice to the petitioner herein and get necessary undertaking from the petitioner that he would not abscond during the process of trial and co-operate during the course of trial. If 2/4

the petitioner seeks to go abroad, he should get necessary permission from the Sessions Court, Sivagangai. If the petitioner is otherwise eligible, the first respondent may issue the passport to the petitioner within a period of three weeks from the date of receipt of a copy of this order.

4. This writ petition is disposed of. No costs. 11.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai -02. 2.The Inspector of Police, Ilayangudi Police Station, Elayangudi, Sivagangai District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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C.V.KARTHIKEYAN, J.

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