S.Meeran v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD) No.7458 of 2023 S.Meeran ... Petitioner Vs.
1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Superintendent of Police O/o. the Superintendent of Police, Ramanathapuram.
3.The Inspector of Police Thondi Police Station, Ramanathapuram.
4.The Inspector of Police Mandapam Police Station, (In Crime No.103 of 2018) ... Respondents 1/6
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice in Letter Ref.No.SCN/ 314456547/23 dated 17.03.2023 passed by the first respondent and quash the same as illegal consequently directing the first respondent to reissue the passport to the petitioner forthwith based on the petitioner's application in File No.MD1065017934523 dated 30.01.2023. For Petitioner : M/s.S.Prabha For Respondents : Mr.Rajesh Saravanan - for R1 Standing Counsel Mr.D.S.Nedunchezhian - for R2 to R4 Government Advocate
O R D E R
The writ petition has been filed in the nature of a Certiorarified Mandamus seeking interference with a letter in Ref.No.SCN/314456547/23 dated 17.03.2023 passed by the first respondent and direct the first respondent to re-issue the passport to the 2/6
petitioner on the basis of application dated 30.01.2023. The petitioner had filed application seeking passport on 30.01.2023 in file No.MD1065017934523.
2. The second respondent, had however sent a report stating that FIR in Crime No.103 of 2018 had been registered against the petitioner among 10 accused under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) IPC on 23.09.2018 by the fourth respondent / Inspector of Police, Mandapam Police Station, Ramanathapuram District. It had also been stated that consequent to investigation final report had been filed and had been taken cognizance as C.C.No.153 of 2023 which is now pending trial before the Judicial Magistrate Court, Rameshwaram,
3. The first respondent may issue notice to the petitioner for his appearance and the petitioner may give necessary undertaking that he would co-operate during the process of trial and would not abscond during the process of trial. Let him also to execute an indemnity bond that if ever, he wants to go abroad, he would get necessary permission 3/6
from the Judicial Magistrate at Rameshwaram. After satisfying themselves, the first respondent, if the petitioner is otherwise eligible, may proceed to issue passport. The said exercise must be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
4. With the above direction, the Writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
11.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6
To 1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Superintendent of Police O/o. the Superintendent of Police, Ramanathapuram.
3.The Inspector of Police Thondi Police Station, Ramanathapuram.
4.The Inspector of Police Mandapam Police Station, 5/6
C.V.KARTHIKEYAN, J.
rm 11.04.2023 6/6