Amalraj Arokiam v. The Chief Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Amalraj Arokiam ... Petitioner Vs.

1.The Chief Passport Officer, Central Passport Organization, Ministry of External Affairs, Government of India, New Delhi.

2.The Passport Authority, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

3.The Inspector of Police, City Crime Branch, Madurai.

(In Crime No.35/2018) ... 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 2nd respondent to issue temporary passport to the petitioner by considering his representation dated 04.03.2024.

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For Petitioner : Mr.P.Ganapathi Subramanian For R-1 & R-2 : Mr.B.Rajesh Saravanan For R-3 : Mr.A.Albert James Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The petitioner is a holder of Indian passport. It is valid as on date. It has been impounded by the passport authority since the petitioner is involved in a criminal case.

3. The learned Government Advocate (Crl. Side) submitted that the petitioner is facing trial in C.C.No.42 of 2019 on the file of the learned Judicial Magistrate I, Special Court for the exclusive Trial of Land Grabbing Cases, Madurai.

4. The petitioner states that he being a pious Christian visits Jerusalem every year in the month of May. The petitioner states that after returning from Jerusalem, he would properly hand over the passport to the passport authorities himself. All that the petitioner wants is the return of the passport for a period of 45 days.

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5. Considering the past conduct of the petitioner, I am of the view that his request can be accepted. The petitioner is aged about 76 years. He has roots in Madurai. I therefore direct the second respondent to hand over the petitioner's passport to the petitioner under due acknowledgement. The petitioner is directed to return the same within a period of 45 days thereafter.

6. This Writ Petition is allowed on the above terms. There shall be no order as to costs.

27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Chief Passport Officer, Central Passport Organization, Ministry of External Affairs, Government of India, New Delhi.

2.The Passport Authority, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

3.The Inspector of Police, City Crime Branch, Madurai.

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G.R.SWAMINATHAN, J.

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