Peer Mohamed .A v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Peer Mohamed ... Petitioner Vs.

1.The Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

2.The Immigration Officer, T.C.30/1398-3, First Floor, Amrith Plaza, Pettah Post, Thiruvananthapuram-695 024.

3.The Passport Officer, Regional Passport Office, Madurai.

4.The Superintendent of Police, Virudhunagar, Virudhunagar District.

5.The Inspector of Police, Sankarankovil Nagar Police Station, Tenkasi District.

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6.Shahul Hameed 7.Yasar Arafat ... 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 respondents to impound the passport of P.Shahul Hameed bearing passport No.M3982738 dated 17.11.2014 and P.Yasar Arabath bearing Passport No.T0483907 dated 19.11.2012 as per Section 10(3)(h) of the Passports Act by considering the representation of the petitioner dated 09.03.2024. For Petitioner : Mr.S.C.Herold Singh For R-1 to R-3 : Mr.A.Paramasivam For R-4 & R-5 : Mr.K.Gnanasekaran, Government Advocate (Criminal side) For R-6 : Mr.R.J.Karthick

ORDER

The present writ petition has been filed to direct the respondents to impound the passport of P.Shahul Hameed bearing passport No.M3982738 dated 17.11.2014 and P.Yasar Arabath bearing Passport No.T0483907 dated 19.11.2012 as per Section 10(3)(h) of the Passports Act by considering the representation of the petitioner dated 09.03.2024. 2/5

2. Heard, Mr.S.C.Herold Singh, learned counsel appearing for the petitioner, Mr.A.Paramasivam, learned counsel appering for the respondents 1 to 3, Mr.K.Gnanasekaran, learned Government Advocate (Criminal side) appearing for the respondents 4 and 5, Mr.R.J.Karthick, learned counsel appearing for 6th respondent and carefully perused the materials available on record.

3. Pursuant to an order passed by the learned Judicial Magistrate, Rajapalayam, in M.C.No.14 of 2014 in favour of the petitioner on the following default committed by the respondents 6 and 7 in paying maintenance to the petitioner / father, this writ petition came to be filed seeking to impound the passport of the respondents 6 and 7.

4. However, when the matter was taken up for hearing, the learned counsel for the 6th respondent submitted that the entire pending arrears in maintenance has been paid and the non-bailable warrant has also been recalled with condition on 23.04.2024 by the learned Judicial Magistrate, Rajapalayam.

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5. Recording the same, this writ petition is closed. However, the petitioner is at liberty to reopen the same in case of future default in payment of maintenance by his son. No costs.

12.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Sankarankovil Nagar Police Station, Tenkasi District.

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L.VICTORIA GOWRI, J.

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