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Madras High CourtWMP(MD)/7914/2024disposed of

Meenakshi Sundaram.K v. The Commissioner Of Police

2024-04-24Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Fourth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN in WP(MD)20118 of 2021 K.Meenakshi Sundaram.

... Petitioner Vs 1 The Commissioner of Police Madurai City Madurai.

2 The Inspector of Police All Women Police Station Tallakulam Madurai City Crime No. 25 of 2021.

3 M.Kalai Arasi.

4 The Regional Passport Officer, Madurai.

5 The Regional Passport Officer, Trichy.

... Respondents Prayer in WMP(MD). No.7914 of 2024 This writ petition is filed under Article 226 of the Constitution of India to direct the 4th respondent to cause a communication to the Indian Embassy, Helsinki, Finland to issue a re-issued passport with the validity of Ten Years in pursuance to petitioner application made vide REf. 24-2000952540 forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. 1/5

Prayer in WP(MD). 20118/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to revoke the Look out Circular issued against the petitioner on 06.05.2021 based on the petitioners representation dated on 26.09.2021 and pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of this case and thus render justice.

ORDER:- This writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Dilipkumar, Advocate for Mr.S.Ashok, Advocate for the Petitioner and of MR.R.M.Anbunithi Additional Public prosecutor for the 1st and 2nd Respondents and of Mr. V.Malaiyendran, Central Government Standing Counsel for the 4th and 5th , Respondents, this Court made the following order: This petition has been filed by the petitioner to direct the fourth respondent to cause a communication to the Indian Embassy, Helsinki, Finland to re-issue the Passport with the validity of Ten Years in pursuance to the petitioner's application made vide Ref.24-2000952540 forthwith.

2. The learned counsel appearing for the petitioner submitted that on an earlier occasion, the petitioner filed WP(MD)No.20118 of 2021 seeking a direction to direct the first respondent to revoke the lookout circular issued against the petitioner on 2/5

06.05.2021. This Court, by order dated 30.11.2021, allowed the petition on condition that the petitioner should pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the third respondent and also pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) per month towards monthly maintenance. As per direction of this Court, he has already paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the third respondent and till date, he is paying a sum of Rs.15,000/- (Rupees Fifteen Thousand only) per month without fail. Since the validity of his Passport was limited upto December 2022, he has filed WMP(MD)No.22250 of 2022 in WP(MD) No.20118 of 2021 seeking a direction to direct the fourth respondent to communicate to the Indian Embassy at Helsinki, Finland, to renew and issue the petitioner's Passport. This Court, vide order dated 23.12.

2022, allowed the petition by restricting the validity of the period to 18 months from the date of renewal of the Passport based on the undertaking given by the learned counsel for the petitioner that he would enter appearance on behalf of the petitioner in D.C.V.No.13 of 2021 on the file of the Additional Mahila Court, Madurai. Subsequently, the validity period of the Passport was extended. Now, the validity period of the Passport is going to be expired in the month of July 2024. Hence, he prayed to extend the validity period of Passport of the petitioner.

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3. Heard the learned counsel for the petitioner and the learned Standing counsel for the Central Government for the respondents 4 & 5 and also perused the orders already passed by this Court.

4. From the perusal of the orders passed by this Court and the submissions made by the learned counsel for the petitioner, this Court is of the considered view that the petitioner has also complied with the conditions passed by this Court, dated 30.11.2021 and also till date, he is paying a sum of Rs.15,000/- (Rupees Fifteen Thousand only) per month towards maintenance. Hence, this Court is inclined to allow this petition.

5.Accordingly, this Writ Miscellaneous Petition is allowed and the respondents 4 and 5 are directed to communicate to the Indian Embassy at Helsinki, Finland, to re-issue the Passport of the petitioner with the validity of 3 years in pursuance of the petitioner's application made vide Ref.24-2000952540 forthwith. Sd/- Assistant Registrar (CS-III) // True Copy // 30/04/2024 Sub Assistant Registrar (CS-I / II / III / IV) DSS 4/5

TO 1 The Commissioner of Police Madurai City Madurai.

2 The Inspector of Police All Women Police Station Tallakulam Madurai City.

3 The Regional Passport Officer, Madurai.

4 The Regional Passport Officer, Trichy.

+1. CC to M/S.S.ASHOK, Advocate SR.No.22833 ORDER DATED : 24/04/2024 ==========================

ORDER

========================== in WP(MD) NO.20118 of 2021 Giving direction and etc.

as stated within.

RD(30/04/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5