Madras High CourtWMP(MD)/8791/2024allowed

Nithishkumar v. The Regional Passport Officer

2024-04-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eighteenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN in WP(MD) No.8019 of 2024 Nithishkumar ... Petitioner Vs 1 The Regional Passport Officer Madurai Region Bharathi Ula Veethi Race Course Road Madurai - 625 002.

2 The Inspector of Police Vempakottai Police Station Virudhunagar District.

... Respondents Prayer in WMP(MD). No.8791 of 2024 Writ Miscellaneous Petition filed under Article 226 of Constitution of India To extend the time in WP (MD) No.8019 of 2024 dated 27.03.2024 to file the petition under section 205 of Cr.P.C. before the learned Judicial Magistrate No.II, Sattur 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. 1/4

Prayer in WP(MD). 8019/ 2024 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to issue a passport to the petitioner by considering petitioner's passport application vide File No. MD3066259925524 within a stipulated period as prescribed by this Honble Court 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. 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.Mariappan, Advocate for the Petitioner and of Mr.K.Govindarajan Deputy Solicitor General of India for the 1st Respondent and of Mr.A.Albert James Government Advocate for the 2nd Respondent, this Court made the following order:

Heard both sides.

2. The petitioner herein filed W.P.(MD)No.8019 of 2024 for issuance of passport. The writ petition was allowed by directing the petitioner to file a petition under Section 205 of Cr.P.C within a period of three days. It appears that the petitioner failed to file the petition within the time stipulated by this Court. The said delay is condoned. The petitioner is permitted to re-present the petition. It shall be re-presented on 23.04.2024. The learned trial Magistrate shall entertain the same 2/4

and pass an order and allow the same.

3. The Writ Miscellaneous Petition is allowed. Sd/- Assistant Registrar (Crl.Side) // True Copy // 22/04/2024 Sub Assistant Registrar (CS-I / II / III / IV) rmi TO 1.The Judicial Magistrate No.II, Sattur.

2 The Regional Passport Officer Madurai Region Bharathi Ula Veethi Race Course Road Madurai - 625 002.

3 The Inspector of Police Vempakottai Police Station Virudhunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+ 1 CC to Mr.N.Mariappan Advocate CA Sr.No.21447/2024 ORDER DATED : 18/04/2024 ==========================

ORDER

========================== in WP(MD) NO.8019 of 2024 Giving direction and etc.

as stated within.

RD(22/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4