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Madras High CourtWP(MD)/9737/2021disposed of

Ravichandran v. The Regional Passport Officer

2021-06-04Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Ravichandran ... Petitioner Vs.

1.The Regional Passport Officer, The Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirapalli - 6200008.

2.The Superintendent Enquiry Officer, The Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirapalli - 6200008.

3.The Inspector of Police, K.Pudupatty Police Station, Pudukottai District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to issue passport on my application No.ARN201005825793 based on the representation of the petitioner dated 03.03.2021.

For Petitioner : Mr.M.Nagoor Moideen For Respondents 1 and 2 : Ms.L.Victoria Gowry Assistant Solicitor General For 3rd Respondent : Mr.P.Thilak Kumar, Standing Counsel for Government

O R D E R

Ms.L.Victoria Gowry, learned Assistant Solicitor General of accepts notice on behalf of the respondents 1 and 2 and Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the third respondent.

2.By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3.This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the first respondent to issue passport on the petitioner's application 1/3

No.ARN201005825793, based on the representation of the petitioner dated 03.03.2021.

4.The case of the petitioner is that since the petitioner got a job opportunity to work abroad, he has applied for a passport by way of online with passport application reference number 201005825793 on 18.12.2020. The Passport Authority had set a date for the purpose of verification of the petitioner's application on 21.12.2020 and they have verified the same on the same day itself. Thereafter, the petitioner's passport application was forwarded to the third respondent from the first respondent for police verification. On police verification, the third respondent reported as if the case in Crime No.35 of 2020 for the alleged offence under Sections 420, 294 (b) and 506(ii) of IPC and Crime No.36 of 2020 for the alleged offence under Section 420 of IPC have been registered against the petitioner and the said report was forwarded by the third respondent to the first respondent on 21.12.2020.

5.The first respondent/Regional Passport Officer has sought for the petitioner's explanation as to the pending criminal case and due to his illness, he was not able to reply immediately and he gave his reply on 03.03.2021 but no final order has been passed. Hence, the petitioner filed the present Writ Petition.

6.The learned counsel for the petitioner would state that it would be suffice, if a direction is issued to the respondents, to dispose of the application of the petitioner. 7.The learned Assistant Solicitor General for the respondents 1 and 2 would state that the application of the petitioner would be considered within a reasonable time.

8.Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case, the respondents are directed to consider the application of the petitioner, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order 9.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Mrn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Regional Passport Officer, The Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirapalli - 6200008.

2.The Superintendent Enquiry Officer, The Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirapalli - 6200008.

3.The Inspector of Police, K.Pudupatty Police Station, Pudukottai District.

+1 CC to M/s.M.NAGOOR MOIDEEN, Advocate ( SR-188[F] dated 07/06/2021 ) +1 CC to M/s.SPL GP ( SR-18914[F] dated 07/06/2021 ) Order made in 04.06.2021 CN(15.06.2021) 3P 6C 3/3