Praveenraj v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6738 of 2023 Praveenraj ... Petitioner vs.

1.The Regional Passport Officer, Government of India Ministry of External Affairs, Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai. 2.The Passport Officer, Melakkal Main Road Passport Office, Kochadai, Madurai, Madurai District.

3.The Inspector of Police, Othakadai Police Station, Madurai District.

(Cr.No.207 of 2019) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first and second respondents to issue passport to the petitioner basis of petitioner's application File No.MD1063980851322 based on the petitioner's representation dated 16.03.2023 within the time stipulated by this Court. 1/5

For Petitioner :Ms.N.Gayathri For R1 and R2 :M.B.Thenmozhi For R3 :Mr.N.Muthu Vijayan Special Government Pleader *****

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking issuance of passport to the petitioner. 2.Heard Ms.N.Gayathri, learned Counsel for the petitioner, Ms.Thenmozhi, learned Counsel for the first and second respondents and Mr.N.Muthu Vijayan, learned Special Government Pleader for the third respondent.

3.The petitioner had filed an application in File No. MD1063980851322 on 23.02.2022. It is stated, on instructions by the learned Special Government Pleader that the petitioner was a minor at the time of registration of FIR in Cr.No.207 of 2019 for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985. It had been stated that final report had not yet been filed before the Juvenile Justice Board.

2/5

4.A direction is given to the first respondent to get necessary undertaking from the petitioner that he would not indulge himself in offence of similar nature and to execute an indemnity bond that if ever he wants to to go abroad, he must get necessary permission from the Juvenile Justice Board and must inform all the details to the first respondent. The petitioner must also execute a bond before the first respondent in the aforementioned manner. After satisfying themselves, the first respondent may proceed to issue passport to the petitioner provided the petitioner is otherwise eligible and they may also get a report from the Probationary Officer attached to the Juvenile Justice Board/Judicial Magistrate, Melur, about the good conduct of the petitioner herein and then issue passport. The entire exercise may be undertaken within a period of eight weeks from the date of receipt of a copy of this order.

5.The Writ Petition stands disposed of. No costs. Index :Yes / No 12.04.2023 Internet :Yes NCC : Yes/No 3/5

To The Inspector of Police, Othakadai Police Station, Madurai District.

4/5

C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.6738 of 2023 12.04.2023 5/5