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Madras High CourtWMP(MD)/6566/2020closed

Gideon Jacob v. The Regional Passport Officer

2020-08-28Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Twenty Eighth day of August Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice D.KRISHNAKUMAR IN WP(MD) No.7126 of 2020 GIDEON JACOB ... PETITIONER Vs

1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, TIRUCHIRAPALLI-620 002.

2. THE STATE OF TAMILNADU, REP BY ITS INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION(CBI), SPECIAL CRIME BRANCH(SCB), CHENNAI. ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant ad interim direction directing the respondents to permit the petitioner to visit Germany for a period of 2 months from 3.8.2020 to 3.10.2020 pending disposal of writ petition. Prayer in WP(MD). 7126/ 2020 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of mandamus directing the respondents to permit the petitioner to visit Germany for a period of 2 months from 3.8.2020 to 3.10.2020 and pass any order or writ or direction in the nature of writ and pass any other order as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.ISAAC MOHANLAL, Senior counsel for MN/S.K.SAMIDURAI, Advocate for the petitioner and of MR.V.KATHIRVELU, Assistant Solicitor General assisted by 1/3

MR.P.SUBBIAH on behalf of the 1st respondent and MR.S.VIJAYAN, Special Public Prosecutor for CBI cases on behalf of 2nd respondent, the court made the following order:- This Writ Miscellaneous Petition is filed to direct the respondents to permit the petitioner to visit Germany for a period of two months ie., from 03.08.2020 to 03.10.2020. 2.It is seen from the records that this Court by order dated 20.08.2020, directed the petitioner to make an application before the 2nd respondent for the relief sought for in the prayer. 3.In compliance with the order dated 20.08.2020, the petitioner has filed an application before the 2nd respondent and on such application, the 2nd respondent has passed final orders, by imposing certain conditions to the petitioner.

4.In the light of the above, no further order is necessary in this writ miscellaneous petition and accordingly, the same is closed.

5.At this juncture, the learned Senior Counsel appearing for the petitioner requested this Court that liberty may be given to the petitioner to make a rejoinder application for extension of time to stay at Germany.

6.Insofar as the request of the learned Senior Counsel is concerned, this Court is of the view that it is for the petitioner to make a rejoinder application before the authorities concerned for extension of time to stay at Germany and on receipt of such application, if any, it is for the authorities concerned to consider the same on either way.

7.The Registry is directed to post the main writ petitions in the normal course.

sd/- 28/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, TIRUCHIRAPALLI-620 002.

2. THE INSPECTOR OF POLICE, STATE OF TAMILNADU, CENTRAL BUREAU OF INVESTIGATION(CBI) SPECIAL CRIME BRANCH(SCB) CHENNAI.

ORDER

IN WMP(MD) No.6566 of 2020 IN WP(MD) No.7126 of 2020 Date :28/08/2020 MM SRS/ JC/ SAR-III/ 02.09.2020/ 3P/3C 3/3