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Madras High CourtWP(MD)/12327/2022allowed

Sivaraghu R v. The Regional Passport Officer

2022-08-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12327 of 2022 R.Sivaraghu ... Petitioner Vs 1.The Regional Passport Officer, The Regional Passport Office, Trichy, Trichy District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(R.2 is impleaded vide Court order dated 29.07.2022 in W.M.P(MD)No.10265 of 2022 in W.P(MD)No.12327 of 2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to re-issue the passport by including the spouse name, that is, Anushiya based on the application No. TR107355655321 dated 06.09.2021 without reference to the criminal case in Crime No. 122 of 2001 pending on the file of Orathanadu Police Station by considering the reply submitted by the petitioner on 17.03.2022.

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For Petitioner : Mr.S.C.Herold Singh For Respondents : Mrs.L.Victoria Gowri Assistant Solicitor General of India for R.1 Mr.K.Balasubramani Special Government Pleader for R.2

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is a passport holder and Indian citizen. He wants his wife's name to be included in it. When he submitted an application before the first respondent in this regard the fact that the petitioner is involved in a criminal case came to be known and therefore, the application was put on hold. The criminal case is pending only at the FIR stage. Therefore, there cannot be any impediment for re-issuance of passport by including the name of the writ petitioner's spouse. The first respondent is directed shall re-issue the petitionmentioned passport after including the name of the wife of the petitioner.

3. This writ petition is allowed. No costs.

25.08.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To 1.The Regional Passport Officer, The Regional Passport Office, Trichy, Trichy District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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G.R.SWAMINATHAN, J.

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