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Madras High CourtWP(MD)/10604/2021disposed of

Senthilkumar.G v. The Regional Passport Officer

2021-06-25Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.10604 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.10604 of 2021 G.Senthilkumar ... Petitioner Vs.

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

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent to re-issue the passport of the petitioner within the time limit as fixed by this Court.

For Petitioner : Mr.N.Tamilmani For Respondent : Mr.V.Malaiyendran, Central Government Standing Counsel

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to re-issue the passport to the petitioner within the tile limit fixed by this Court.

2. Heard Mr.N.Tamilmani, learned counsel appearing for the petitioner and Mr.V.Malaiyendran, learned Central Government Standing Counsel appearing for the respondent.

3. In the considered view of this Court, a criminal case is pending before the Judicial Magistrate, Vilathikulam in C.C.No.38 of 2019. Therefore, the petitioner has to necessarily file an appropriate application before the concerned Court and get a no objection order from the concerned Court and submit it before the respondent and thereafter, the respondent can consider the application for re-issue of the passport. This Court can issue such orders only if any matter is pending before this Court and that has been made very clear by several orders passed by this Court. In the present case, there is no petition pending before this court and the criminal case is pending only before the Court below.

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W.P.(MD).No.10604 of 2021

4. In view of the above, it is left open to the petitioner to file an appropriate application before the Judicial Magistrate, Vilathikulam in C.C.No.38 of 2019 and seek for a no objection order and work out his remedy. The Judicial Magistrate, Vilathikulam, shall pass orders within a period of two weeks from the date of filing of the application by the petitioner. After the orders are passed, the same shall be submitted before the respondent and it is left open to the respondent to consider the re-issuance of the passport to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002, Madurai District.

2. The Judicial Magistrate, Vilathikulam.

W.P.(MD).No.10604 of 2021 25.06.2021 CN(05.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2