Madras High CourtWP(MD)/8086/2024disposed of

Abdul Gani Raja v. The Regional Passport Officer

2024-04-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Abdul Gani Raja ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Race Course Road, Madurai-625 002.

2.The Passport Granting / Issuing Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai-625 016.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

... 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 Nos.1 and 2 to consider the reply provided by the petitioner dated 12.03.2024 , in response to the show cause notice dated 05.03.2024 , and to pass orders officially clearing any restrictions on the petitioners passport bearing No. X4260550, arising from the adverse police report issued by the Respondent No. 1/4

3 so as to facilitate the petitioner's right to travel abroad , within a time frame as may be fixed by this Court.

For Petitioner : Mr.Y.Prakash For Respondents : Mr.K.Govindarajan CGSC for R1 & R2 : Mr.A.Albert James Government Advocate (Crl.side) for R3

ORDER

Heard both sides.

2. The petitioner seeks renewal and re-issuance of the passport.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl.side) appearing for the third respondent submitted that the petitioner is figuring as an accused and the proceedings are pending against him in P.R.C.No.9 of 2023 on the file of the Judicial Magistrate, Kodaikanal.

4. The petitioner has to approach the trial Magistrate in this regard. The petitioner is permitted to file an application. The same shall be disposed of by the trial Magistrate on merits and in accordance with law. The first respondent will act in the matter based on the judicial order to be passed by the trial magistrate. I make it clear that I have not gone into the merits of the matter.

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5. With this liberty to the petitioner to approach the committal magistrate, the Writ Petition is disposed of. No costs.

12.04.2024 Index : Yes / No Internet : Yes/ No rmi To The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

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G.R.SWAMINATHAN, J.

rmi 17.04.2024 4/4