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Madras High CourtWP(MD)/12612/2023disposed of

Udhaya Sovanan v. The Regional Passport Officer

2023-05-25Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Udhaya Sovanan

...Petitioner

Vs

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

2. The Inspector of Police, Civil Supply CID, Viruthunagar District.

3. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to issue the petitioner fresh passport vide the file No. MD1065188981923. For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.R.Arjunarajan, 1/4

Senior Panel Counsel for R1 Mr.M.Siddharthan Additional Government Pleader for R2 & R3

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.177 of 2021 for the offences under Section 7(i)(a)(ii) of the Essential Commodities Act, 1955 and Section 6(4) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, the petitioner has appraoched this Court seeking for issuance of writ of mandamus directing the first respondent to issue the passport by considering his application No. MD1065188981923 dated 26.09.2022.

3. The learned Government Advocate representing the second respondent submitted that the investigation in Crime No.177 of 2021 2/4

alone is pending and no chargesheet has been filed till date.

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

5. In the light of the submissions made, the petitioner is granted liberty to give an explanation to the showcause notice dated 30.03.2023 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.

6. 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 Street, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Civil Supply CID, Viruthunagar District.

3. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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