Madras High CourtWP(MD)/14502/2024disposed of

Nahoorammal Ibramsha v. The Passport Officer

2024-07-03Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.14502 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14502 of 2024 Nahoorammal Ibramsha ... Petitioner Vs.

1. The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Rod, Madurai.

2. The Inspector of Police, Town Police Station, Thiruppathur, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent renewal of the petitioner's passport No.M1297583 according to the petitioner's application dated 30.05.2024 in File No.MD1076601406724 pending before the first respondent. For Petitioner : Mr.P.Aju Togore For R-1 : Mr.A.P.Rajasimman, Central Government Standing counsel.

For R-2 : Mr.A.Albert James, Government Advocate.

* * * 1/4

2 W.P.(MD)NO.14502 OF 2024

O R D E R

Heard both sides.

2.The petitioner seeks renewal of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed. 3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has since been charge sheeted and it has been taken on file in C.C.No.190 of 2015 on the file of the Judicial Magistrate, Thiruppathur.

4.The petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if she is denied the right to go abroad. Therefore, the trial 2/4

3 W.P.(MD)NO.14502 OF 2024 Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 205 of Cr.P.C by executing a special vakalat. 5.Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer who shall dispose of the petition-mentioned application in terms of the said order. 6.This writ petition is disposed of accordingly. No costs. 03.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.14502 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

1. The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Rod, Madurai.

2. The Inspector of Police, Town Police Station, Thiruppathur, Sivagangai District.

W.P.(MD)No.14502 of 2024 03.07.2024 4/4