Madras High CourtWP(MD)/9962/2023disposed of

Katchimohamed v. The Regional Passport Officer

2023-06-13Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.9962 of 2023 Katchimohamed ... Petitioner vs.

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

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to renew the petitioner's passport in Passport No.L7590206 in reference to the File No.MD1075245103323, dated 13.04.2023 pending on the file of the first respondent Authorities by considering the petitioner's representation, dated 17.04.2023.

For Petitioner :Mr.T.Veerakumar For R1 :Mr.G.Vidhya Maheswaran For R2 :Mr.D.S.Nedunchezhian Government Advocate ***** 1/4

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the first respondent/Regional Passport Officer, to renew the passport of the petitioner in Passport No.L7590206 for which an application had been filed in File No.MD1075245103323 dated 13.04.2023.

2.Heard Mr.T.Veerakumar, learned Counsel for the petitioner, Mr.G.Vidhya Maheswaran, learned Counsel for the first respondent and Mr.D.S.Nedunchezhian, learned Government Advocate for the second respondent.

3.The petitioner was informed by the first respondent that an FIR in Cr.No.16 of 2009 had been registered against him under Section 379 IPC r/w Section 2(1) of TNMMDR Act by the second respondent. 4.The learned Government Advocate appearing for the second respondent filed a status report, wherein, it had been stated that the FIR is still under investigation.

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5.It is to be mentioned that merely because the name of an individual is arrayed as an accused in the FIR, would not mean that the person has already committed the offence. Investigation has to be done, final report has to be filed, charges will have to be framed and thereafter, on the basis of evidence adduced, judgment will have to be passed by the competent Court.

6.A direction is therefore issued to the first respondent to proceed further with the renewal application of the petitioner and if the petitioner is otherwise eligible, endeavour to complete the entire process within a period of eight weeks from the date of receipt of a copy of this order. 7.The Writ Petition stands disposed of. No costs. Index :Yes / No 13.06.2023 Internet :Yes NCC : Yes/No cmr To The Inspector of Police, Ilayangudi Police Station, Sivagangai District. C.V.KARTHIKEYAN, J.

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cmr Order made in W.P.(MD)No.9962 of 2023 13.06.2023 4/4