Madras High CourtWP(MD)/14849/2021disposed of

Gayathri S v. The Passport Officer

2021-08-23Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.14849 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14849 of 2021 and W.M.P.(MD).No.11753 of 2021 S.Gayathri ... Petitioner Vs.

The Passport Officer, Regional Passport Office, Tiruchirappalli.

... Respondent Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the respondent pertaining to its order dated 20.07.2021 and quash the same and consequently direct the respondent to issue passport to the petitioner based on the petitioner's passport Application(*)No.TR2063438045721. For Petitioner : Mr.A.Senthilkumar For Respondent : Mrs.L.Victoria Gowri, (ASGI)

ORDER

The petitioner challenges a communication dated 20.07.2021 by which the petitioner was called upon to provide an explanation in respect of a pending FIR as also to provide a court order.

2. The petitioner states that (*)she applied for a passport on 05.07.2021 and also paid the requisite charges in respect thereof. Subsequently, by letter dated 20.07.2021, the petitioner was informed that there is a case registered against (*)her before the Airport Police Station, Tiruchirapalli District in Crime No.225/2020. The petitioner states that the registration of a FIR is not an impediment for a grant of a passport unless a criminal court takes cognizance thereof. The present writ petition is filed in these facts and circumstances.

3. Mrs.L.Victoria Gowri, learned ASGI, accepts notice on behalf of the sole respondent.

4. The impugned communication dated 20.07.2021 calls upon the petitioner to provide an explanation. Instead of providing such explanation, the petitioner has prematurely invoked the jurisdiction of this Court. The petitioner justifies the filing of the case on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14849 of 2021 the ground that it is the settled legal position that the mere registration of a FIR is not a ground to refuse to issue a passport. Such reason is not a ground to file a writ petition instead of providing an explanation by stating the aforesaid before the authority concerned.

5. Accordingly, without going into the merits of the matter, the petitioner is permitted to submit an explanation in response to the communication dated 20.07.2021 within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the respondent is directed to consider such explanation and dispose of the petitioner's request for a passport by a reasoned order. Such reasoned order shall be passed within a period of 30 days from the date of receipt of the petitioner's explanation.

6. W.P.(MD).No.14849 of 2021 is disposed of on these terms without any order as to costs. Consequently, connected W.M.P(MD). No.11753 of 2021 is closed.

Sd/- Assistant Registrar (AS) (*)Amended as per order of this court dated 14.09.2021 Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Sbn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To (*)To be substituted to the order already dispatched on 06.09.2021 The Passport Officer, Regional Passport Office, Tiruchirappalli.

W.P(MD)No.14849 of 2021 and W.M.P.(MD).No.11753 of 2021 23.08.2021 MGJ(02.09.2021) 2P 2C RK (21.09.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2