Madras High CourtWP(MD)/11342/2017disposed of

T.Jeyachandran v. The Regional Passport Officer

2017-06-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11342 of 2017 T.Jeyachandran

...Petitioner

-VsThe Regional Passport Officer, The Regional Passport Office, Claret Plaza, Melakkal Main Road, Kochadai, Madurai 625016. ...Respondent PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to issue passport to the petitioner based on his application bearing file No.MD1060115320917 dated 29.03.2017 within a stipulated time fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.R.Murugappan Standing Counsel

O R D E R

The petitioner has come up with the present Writ Petition for issuance of a Writ of Mandamus, directing the respondent to issue the passport to the petitioner based on his application bearing file No.MD1060115320917 dated 29.03.2017 within a stipulated time.

2.Heard Mr.S.C.Herold Singh, learned Counsel appearing for the petitioner, Mr.R.Murugappan, learned Standing Counsel appearing for the respondent and perused the materials available on record.

3. The learned counsel for the petitioner would submit that when the petitioner was working in the Oriental Insurance Company Limited, a criminal case was registered against him by CBI(ACB), Chennai and the petitioner was acquitted after trial by the learned Additional District Sessions Court for CBI cases, Madurai in C.C.No.6 of 2004 on 29.03.2012.

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4. It is further submitted that the appeal filed by the C.B.I is still pending in Crl.Appeal No.180 of 2014. The petitioner

attained the age of superannuation and relieved from service on 28.02.2017. The respondent citing the pendency of the appeal, is refusing to issue passport in favour of the petitioner and hence he made a representation to the respondent dated 07.06.2017. The learned Counsel further submitted that, it would suffice, if direction is given to the respondent to consider the representation of the petitioner and pass orders accordingly. 5.The learned Standing Counsel for the respondent would submit that the petitioner has submitted an application for issuance of passport, suppressing the pendency of the criminal appeal and the representation of the petitioner is under consideration. 6.

Though a larger relief is prayed for in the Writ petition, considering the submissions made by the learned counsel for the petitioner, this Court directs the respondent to consider the representation of the petitioner dated 07.06.2017 and take decision on merits and in accordance with law, after providing necessary opportunity to the petitioner within a period of four weeks from the date of receipt of copy of this order. 7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To The Regional Passport Officer, The Regional Passport Office, Claret Plaza, Melakkal Main Road, Kochadai, Madurai 625 016.

+1 cc to Mr.S.C.Herold Singh , Advocate in SR.No. 62087 +1 cc to Mr.R.Murugappan , Advocate in SR.No. 62490 msa/dss AE/MR KKR/SAR3/06.07.2017/2P/4C W.P.(MD)No.11342 of 2017 27.06.2017 https://hcservices.ecourts.gov.in/hcservices/