Suman Santhanaraj v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Suman Santhanaraj ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The State represented by The Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue Passport to the petitioner by considering the representation dated 08.04.2024 within the time limit that may be stipulated by this Court. For Petitioner : Mr.D.Mario Johnson For Respondents : Mr.D.Saravanan Central Government Standing Counsel for R.1

Mr.A.Albert James Government Advocate (Criminal Side) for R.2

ORDER

Heard both sides.

2.The petitioner seeks issuance of passport.

3.When the matter was taken up for hearing, the learned Government Advocate appearing for the second respondent submitted that the petitioner is figuring as an accused in S.T.C.No.6142 of 2022 on the file of the learned Judicial Magistrate, Sankarankovil. Copy of the FIR has been enclosed in the typed set of papers. The petitioner appears to be a political activist and he has taken part in an agitation. Pendency of such prosecution need not come in the way. 4.The petitioner is permitted to file a Miscellaneous Petition seeking the relief now sought for in the writ petition before the learned trial Magistrate. As and when such Miscellaneous Petition is filed, it shall be allowed by the learned trial Magistrate within a period of two weeks thereafter. The learned trial Magistrate shall however impose

conditions on the petitioner. Based on the order to be passed by the learned trial Magistrate, the first respondent shall issue passport to the petitioner.

5.This writ petition is allowed on these terms. There shall be no order as to costs.

26.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 28.06.2024.

To 1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

Copy to The Judicial Magistrate, Sankarankovil.

G.R.SWAMINATHAN,J.

MGA 26.06.2024