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Madras High CourtWP(MD)/9725/2024allowed

Monikandan v. The Regional Passport Officer

2024-04-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Monikandan ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai District - 625 002.

2.The Inspector of Police, Pazhugal Police Station, Kanyakumari District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to reissue or renew the petitioner's passport in application file No. MD2076425392124 dated 04.04.2024 to the minimum validity of 10 years within the time frame as fixed by this Court. For Petitioner : Mr.C.Bharathi For Respondents : Mr.P.Sundaravadivel for R.1 1/4

Mr.A.Albert James Government Advocate (Criminal Side) for R.2

ORDER

Heard both sides.

2.The learned Government Advocate appearing for the second respondent states that there is no criminal case pending against the petitioner on the file of the second respondent. It appears that the cases under Section 376 of IPC were filed against the petitioner before the jurisdictional civil Judge, Kerala.

3.The learned counsel appearing for the petitioner draws my attention to the interim order of stay granted by the Hon'ble High Court of Kerala in respect of both the cases.

4.I am therefore of the view that there is no impediment for renewing the petitioner's passport. It is further stated that the petitioner is a Class I contractor. I am satisfied that the petitioner is not flight-risk. The first respondent is directed to reissue / renew the petitioner's passport 2/4

by processing the petition mentioned application. However, taking note of the fact the petitioner facing prosecution, the validity of the passport shall be restricted to four (4) years.

5.This writ petition is allowed accordingly. There shall be no order as to costs.

29.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai District - 625 002.

2.The Inspector of Police, Pazhugal Police Station, Kanyakumari District.

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G.R.SWAMINATHAN,J.

MGA 29.04.2024 4/4