Madras High CourtWA(MD)/1173/2025disposed of

M.Gopinath v. The Regional Passport Officer

2025-04-29Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/04/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.7332 of 2025 M.Gopinath ... Appellant/Petitioner v.

1.The Regional Passport Officer, Regional Passport Office Madurai Bharathi Ula Street, Race Course Road Madurai 625 002 2.The Inspector of Police, Keelavalavu Police Station, Madurai District ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 13.02.2024 in WP(MD). No.989 of 2024. For Appellants : Mr.M.Rajarajan For Respondents : Mr.R.Murali for R1 Mr.A.Albert James for R2 Government Advocate 1/5

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.) The writ appeal is directed against the order of the writ Court dated 13.02.2024 passed in WP(MD) No.989/2024.

2.The writ petitioner is the appellant herein. 3.The writ petition was filed for issuance of passport to the petitioner/appellant. However, the same was rejected by the respondent passport authorities stating that a criminal case is pending against him. Aggrieved by the same the writ petition was filed. 4.The writ Court recorded that there are three criminal cases pending against the appellant and he is a habitual offender and declined to grant the prayer sought for by the petitioner and dismissed the writ petition. Aggrieved by the said dismissal, the petitioner is before this Court with this writ appeal.

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5. The learned counsel for the appellant as well as the respondents submitted that as on date, out of three cases, in one case charge sheet has been filed and two cases referred as mistake of fact.

6. When the appellant is facing criminal proceedings, where charge sheet has been filed, it is appropriate for the appellant to approach the concerned Magistrate Court. However, the writ Court has not granted any such direction. Therefore, the appellant is directed to approach the concerned Court, where the case is pending, for issuance of passport also.

7. With the above observation, the writ appeal is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 29.04.2025 NCC : Yes/No Index : Yes/No RR 3/5

To 2.The Inspector of Police, Keelavalavu Police Station, Madurai District 4/5

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WA(MD) No.1173 of 2025 Date : 29/04/2025 5/5