Gangadharan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP.(MD).No.13583 of 2023 Gangadharan ... Petitioner Vs 1.The Regional Passport Officer, The Regional Passport Office, Tiruchirappalli, New Municipal Complex, 7th Cross,Thillainagar Tiruchirappalli - 620018.

2.The Assistant Passport Officer, The Assistant Passport Office, New No.201/7D, Old No.201/7, Medical College Road, Thanjavur.

3.The Inspector of Police, Koradacherry Police Station, Thiruvarur District.

Crime No.911 of 2020.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to reissue or renew the passport in favour of the petitioner on the basis of the petitioner application dated 07.02.2023 within the time stipulated by this Court. For Petitioner : Mr.B.Jameelarasu For R1 & R2 : Mr.K.Govindarajan Deputy Solicitor General of India For R3 : Mr.Kottaichamy

O R D E R

The petitioner, an Indian citizen, who is now working in Sendan International Company Limited at Saudi Arabia has filed this writ petition seeking extension of his passport that his passport expired on 15.05.2023. The petitioner's application for re-issuance of passport was not considered in view of the pendency of a criminal case in Crime No.911 of 2020.

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2.The learned counsel appearing for the petitioner submits that the petitioner is now intending to return to India and conduct trial which is pending as against him. The petitioner has filed an affidavit of undertaking that he would appear before the concerned PCR Court and for that purpose alone he needs a transit passport. 3.The learned Deputy Solicitor General appearing for the respondents 1 & 2 submits that if the intention of the petitioner is to return India, then the petitioner's application would be considered for transit passport for a limited purpose. However, he cannot claim any extension for staying over there.

4.The learned Government Advocate appearing for the third respondent submits that the criminal case in Crime No.911 of 2020 has now been charge sheeted and it is pending on the file of the PCR Court, Thanjavur.

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5.Considering the submissions of the learned Deputy Solicitor General, this writ petition is disposed of with a direction to this petitioner to approach the Passport Officer in Indian Embassy at Saudi Arabia within a period of one week along with a copy of this order. The Passport authority shall consider the same and issue a transit passport for a limited period. No costs.

01.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes vrn Note: Issue order copy on 02.08.2023.

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To 1.The Regional Passport Officer, The Regional Passport Office, Tiruchirappalli, New Municipal Complex, 7th Cross,Thillainagar Tiruchirappalli - 620018.

2.The Assistant Passport Officer, The Assistant Passport Office, New No.201/7D, Old No.201/7, Medical College Road, Thanjavur.

3.The Inspector of Police, Koradacherry Police Station, Thiruvarur District.

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B.PUGALENDHI, J.

vrn Order made in WP.(MD).No.13583 of 2023 01.08.2023 6/6