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Madras High CourtWP(MD)/14964/2020allowed

Arumugam v. The Passport Officer,

2021-01-18Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.14964 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14964 of 2020 Arumugam ... Petitioner Vs.

1. The Passport Officer, Regional Passport Office, Madurai.

2. The Inspector of Police, Keelavalavu police station, Madurai District.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein forthwith to re-issue the petitioner's son, namely, Jeyarasu passport bearing No.J1952113 dated 19.05.2007 within a time frame fixed by this Court. For Petitioner : Mr.N.Mariappan For R-1 : Mr.S.U.Sampath Kumar For R-2 : Mr.G.Arjunan, Government Advocate.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

2. The petitioner seeks re-issuance of passport for his son. The said application has not been processed stating the pendency of criminal cases against the petitioner's son.

3. This Court wanted to know whether the criminal cases against the petitioner's son are pending at FIR stage or have been charge sheeted and taken on file.

4. The learned Government Advocate informs this Court that till date the cases against the petitioner's son have not been taken on file. In other words, cognizance of the offence is yet to be taken. This cannot be a ground for denial of passport. Therefore, the first respondent is directed to re-issue the petition mentioned passport for the petitioner's son immediately and without any delay.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14964 of 2020

5. This writ petition stands allowed. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu 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:

1. The Passport Officer, Regional Passport Office, Madurai.

2. The Inspector of Police, Keelavalavu police station, Madurai District.

+1 CC to SGP ( SR-1135[F] dated 19/01/2021 ) +1 CC to Mr.SU.SAMPATH KUMAR, Advocate ( SR-1211[F] dated 19/01/2021 ) W.P.(MD)No.14964 of 2020 18.01.2021 KM (02.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2