Madras High CourtWP(MD)/5552/2015disposed of

P.Murugesan, v. The Passport Officer,

2017-02-23Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P(MD)No.5552 of 2015 P.MURUGESAN .. Petitioner vs.

1. The Passport Officer, Regional Passport Office, Bharathi Ula Road, Near Lotus Tank, Madurai - 625007

2. The Commissioner of police, Office of the Commissioner of Police, Tirunelveli City, Tirunelveli.

3. The Inspector of Police, Tirinelveli Town Police Station, Tirunelveli.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the 1st respondent to forward the petitioner's passport application to the 3rd respondent to file a proper police verification report before the respondent no-1 in file no.MD2071632739312 with in time framed fixed by this Court by considering the petitioner's representation dated 13.02.2015.

For Petitioner : Mr.S.M.Jinnah For R1 : C.Nandhagopal For R2 to R3 : Mr.C.Selvaraj Special government Pleader *******

O R D E R

Though this writ petition is filed seeking for a Mandamus directing the first respondent to forward the petitioner's passport application to the third respondent to file a proper police verification report for the purpose of issuance of passport, it is seen from the counter affidavit filed by the first respondent that already an adverse police report has been received https://hcservices.ecourts.gov.in/hcservices/

by the first respondent from the Commissioner of Police, Tirunelveli City stating that the petitioner has involved in crime No.49 of 1999 on the file of Tirunelveli Town Police Station under Sections 498(A) and 304(B) of IPC and a show cause notice issued to the petitioner calling upon him to explain as to why he has suppressed the information regarding the pendency of criminal case, has not been answered so far. Therefore, it is for the petitioner to reply to the show cause notice and explain the queries raised by the first respondent. Without doing so, the petitioner cannot seek for issuance of passport. 2.Therefore, this writ petition is disposed of by giving liberty to the petitioner to give explanation to the show cause notice, dated 05.10.2001, within a period of four weeks from the date of receipt of a copy of this order.

On receipt of such explanation, the first respondent shall decide the application filed by the petitioner on its own merits and in accordance with law, within a period of eight weeks, thereafter. No costs.

1. The Passport Officer, Regional Passport Office, Bharathi Ula Road, Near Lotus Tank, Madurai - 625007.

2. The Commissioner of police, Office of the Commissioner of Police, Tirunelveli City, Tirunelveli.

3. The Inspector of Police, Tirinelveli Town Police Station, Tirunelveli.

+1cc to SPECIAL GOVERNMENT PLEADER in SR. No.10492 SKN JS/SKN/RSK/9.03.2017/2P-5C W.P(MD)No.5552 of 2015 23.02.2017 https://hcservices.ecourts.gov.in/hcservices/