Madras High CourtWP(MD)/6531/2023disposed of

Chandrasekaran. K v. The Passport Officer

2023-04-19Honourable Mr Justice C.V. Karthikeyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Chandrasekaran ... Petitioner Vs.

1.The Passport Officer Passport Office, Trichy.

2.The Inspector of Police Puluthipatty Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 23.02.2023 for renewal 1/6

of petitioners passport in online application Ref.no. 23-1001622095 dated 07.02.2023 .

For Petitioner : Mr.AN.Ramanathan For Respondents : Mr.J.Mahendran - for R1 Mr.J.Ashok - for R2 Additional Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the first respondent / Passport Officer, Trichy, to renew the passport of the petitioner consequent to online application in Ref.No.23-1001622095 dated 07.02.2023.

2. The petitioner, is the holder of passport No.Z4481452 which expires on 16.10.2027. Since the pages were sealed, the petitioner was constrained to renew the passport. He had applied for renewal by the aforesaid application number. It was then informed by the first respondent that FIR in Crime No.63 of 2018 had been registered by the 2/6

second respondent / Inspector of Police, Puluthipatty Police Station, Sivagangai District, for alleged offence under Sections 143, 294(b), 341 and 506(i) IPC against the petitioner and four others.

3. It is stated that final report was filed in S.T.C.No.500 of 2023 and the petitioner had paid a sum of Rs.3,000/- as fine before the District Munsif - Cum - Judicial Magistrate Court, Singampunari. It is also stated that there was yet another calendar case in C.C.No.191 of 2021 which was consequent to a private complaint given under Section 138 of the Negotiable Instrument Act. That is pending before the Judicial Magistrate Court, Sriperumputhur.

4. At any rate, the petitioner cannot be disqualified from the passport being renewed and if the petitioner is otherwise eligible, a direction is given to the first respondent to consider the application of the petitioner herein and pass necessary orders after getting necessary undertaking from the petitioner within a period of four weeks from the date of receipt of a copy of this order.

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5. With the above directions, the Writ Petition stands disposed of. No costs.

19.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The Passport Officer Passport Office, Trichy.

2.The Inspector of Police Puluthipatty Police Station, Sivagangai District.

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C.V.KARTHIKEYAN, J.

RM 19.04.2023 6/6