Tamil Mani.S v. Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14889 2021 S.Tamil Mani ... Petitioner Vs.

1. The Regional Passport Officer, Office of the Regional Passport, New Municipal Complex, Thillainagar 7th Cross, Trichirapalli.

2. S.Sivachandran

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

4. The Regional Passport Officer, Chennai.

5. The Immigration Officer, Bureau of Immigration, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu - 600 006.

... Respondents

(R3 is suo motu impleaded vide Court order dated 11.07.2022 in W.P.(MD)No.14889 of 2022 by GRSJ) (R4 and R5) are suo motu impleaded vide Court order dated 17.08.2022 in W.P.(MD)No.14889 of 2022 by GRSJ) PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the first respondent to impound the passport of the second respondent within a time frame stipulated by this Court.

For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Ms.Victoria Gowri Addl. Govt Pleader for R1,R4&R5 Mr.K.Balasubramani Spl. Government Pleader for R3 R2 - Notice dispensed with

O R D E R

Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1, 4 and 5 and the learned Special Government Pleader for the third respondent. The issuance of notice to the second respondent is dispensed with.

2. The writ petitioner's daughter got married to the second respondent in the year 2017. She committed suicide on 02.07.2019 at United States of America. The petitioner had given a complaint against his son-in-law and the same was registered as Crime No.375 of 2019, on the file of the Dindigul Taluk Police Station. A final report was filed and it has been taken on file in P.R.C.No.75 of 2021 before the Additional Mahila Judge, Dindigul. The second respondent is evading service of the summons. The second respondent is an Indian Citizen and a holder of Indian Passport. When the criminal proceedings have been instituted against the second respondent, it his duty to face the same in the manner known to law. He again evaded service. The occurrence had taken place in the year 2019 and committal proceedings are pending for more than one year. The learned Special Government Pleader informs the Court that the Superintendent of Police, Dindigul has already issued a report. The Regional Passport Officer, Chennai is directed to take further steps in this regard.

3. Accordingly, this Writ Petition is disposed of. No costs. 30.08.2022 Index : Yes / No Speaking Order : Yes / No vji To

1. The Regional Passport Officer, Office of the Regional Passport, New Municipal Complex, Thillainagar 7th Cross, Trichirapalli.

2. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

3. The Regional Passport Officer, Chennai.

4. The Immigration Officer, Bureau of Immigration, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu - 600 006.

G.R.SWAMINATHAN, J.

vji W.P.(MD)No.14889 2022 30.08.2022