Madras High CourtWP(MD)/13923/2022allowed

Senthur Pandian.E v. The Regional Passport Officer

2022-07-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN E.Senthur Pandian ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ulla Veethi, Race Course Road, Madurai.

2.The Inspector of Police, Thirupuvanam, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to grant permission to the petitioner bearing the passport number N9601238 to travel abroad based on the explanation, dated 15.06.2022 and in respect of the first respondent notice in the Number MD1086676707722, dated on 02.05.2022. For Petitioner : Mr.R.Chandrasekhar For Respondents : Mr.B.Narayan Ram Central Government Counsel for R.1 Mr.M.Prakash Additional Government Pleader for R.2 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks issuance of passport. The stand of the first respondent is that in the application for issuance of passport, the petitioner has not mentioned about his involvement in Crime No.7 of 2021 registered on the file of Thiruppuvanam Police Station, Sivagangai District.

3. According to the learned Central Government Counsel, it would amount to an offence under Section 12(1)(d) of Indian Passports Act, 1967 and hence, called upon this Court to dismiss the writ petition.

4. It is not in dispute that the case against the petitioner is pending only at the FIR stage and till date charge sheet has not been filed. There cannot be any impediment for processing the petition mentioned application. I, therefore, direct the first respondent to process the petitioner's application and issue passport to the petitioner subject to fulfillment of other formalities. This writ petition is allowed. No costs.

13.07.2022 Index : Yes / No Internet : Yes/ No mga 2/4

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

2.The Inspector of Police, Thirupuvanam, Sivagangai District.

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G.R.SWAMINATHAN, J.

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