Sureshkumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Sureshkumar

...Petitioner

Vs

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

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

(In Crime No.146/2021).

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus the first respondent to issue Clearance certificate and allow the petitioner bearing passport number R3060942 to travel abroad based on the VISA issued by the Kuwait Government in respect of the first respondents notice in file number MD1086785091323, dated 17.05.2023.

For Petitioner : Mr.R.Balamuruganantham 1/4

For Respondents : Mr.A.Srinivasan CGSC for R1 Mr.M.Siddharthan Additional Government Pleader for R2

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. When a show cause notice was issued to the petitioner herein based on an adverse police verification report against the petitioner herein for the involvement in Crime No.146 of 2021 for the offence under Section 379 IPC, the petitioner has approached this Court seeking for issuance of writ of mandamus directing the first respondent to issue clearance certificate and allow the petitioner to travel abroad.

3. The petitioner possesses a valid Passport No.R3060942 and VISA has also been issued to him.

4. The learned Additional Government Pleader representing the second respondent submitted that the investigation in Crime No.146 of 2/4

2021 alone is pending and no charge sheet has been filed till date.

5. The learned counsel for the petitioner submitted that he is willing to give explanation to the first respondent herein, which may be considered by him.

6. In the light of the submissions made, the petitioner is granted liberty to give explanation to the show cause notice dated 17.05.2023 issued by the first respondent herein within thirty days from the date of receipt of a copy of this order. On receipt of the same, the first respondent herein shall consider it on its own merits and pass appropriate orders in accordance with law within a period of two weeks therefrom.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

25.05.2023 Index:Yes/No Speaking order/Non-speaking order pkn 3/4

M.S.RAMESH,J.

pkn To

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

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

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