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Madras High CourtWP(MD)/13179/2022allowed

Sagaya John Paul v. The Regional Passport Officer

2022-08-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sagaya John Paul ... Petitioner Vs.

1.The Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Colochel Police Station, Kanyakumari District.

... Respondents (R2 is impleaded vide order dated 21.07.2022 in W.M.P.(MD)No.11110 of in W.P.(MD)No.13179 of 2022 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's explanation dated 16.06.2022 and re-issue the petitioner's Passport No.V0655282 within the time stipulated by this Court. For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.K.Asok Kumar Ram, Senior Panel Counsel for R1.

Mr.K.Balasubramani, Spl. Government Pleader for R2.

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ORDER

Heard the learned counsel on either side.

2.The petitioner was issued with passport. The petitioner was called upon to surrender the same on the ground that he was involved in two criminal cases.

3.When the matter was taken up for hearing, the learned Special Government Pleader for the second respondent clarifies that one case in S.T.C.No.736 of 2019 on the file of the learned Judicial Magistrate, Eraniel was quashed in Crl.O.P.(MD)No.16953 of 2019 on 15.02.2022. However, the other case is still pending at the FIR stage. There is no impediment for reissuing of passport to the writ petitioner. Therefore, the first respondent is directed to reissue passport to the writ petitioner forthwith and without any delay subject to fulfilment of usual formalities.

4.The writ petition is allowed accordingly. No costs. 10.08.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:- The Inspector of Police, Colochel Police Station, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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