Madras High CourtWP(MD)/23346/2017disposed of

Anantharaj, S/O.Thangavel v. The Superintendent Of Police,

2017-12-19Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23346 of 2017 Anantharaj ... Petitioner vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Sub Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

3. The Passport Officer, AFRRO BOI TVM AIRPORT, Trivandrum, Kerala State.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus writ of mandamus directing the respondents to release the petitioner's passport bearing No.L6632140 forthwith so as to enable him to go to abroad for employment by considering his representation dated 08.12.2017.

For Petitioner : Mr.S.Selvakumar For R1 & R2 : Mr.M.Alagathevan Special Government Pleader For R3 : Mr.V.Kathirvelu Assistant Solicitor General assisted by Mr.P.Subbiah

O R D E R

This writ petition has been filed, seeking a direction to the respondents to release the petitioner's passport bearing No.L6632140 forthwith so as to enable him to go to abroad for employment, by considering his representation dated 08.12.2017. 2.Heard the learned counsel appearing for the petitioner, the learned Assistant Solicitor General for the third respondent and the learned Special Government Pleader for the respondents 1

and 2. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that due to family dispute, his wife has preferred a complaint before the second respondent and pursuant to the same, a case in Crime No.118 of 2015 came to be registered against him and final report has not yet been filed. Therefore, the second respondent instructed the first respondent to block the passport of the petitioner bearing No.L6632140 and thereafter, the third respondent has issued letter in LOC No.2015421309, impounding the passport of the petitioner. Hence, he made a representation dated 08.12.2017 to the respondents to release his passport. As the same has not been considered so far, the petitioner is before this Court with the above mentioned prayer.

4.The learned Assistant Solicitor General appearing for the third respondent submitted that if reasonable time is granted to the third respondent, the representation of the petitioner will be considered and appropriate orders will be passed. 5.In view of the said submission, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 08.12.2017 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Sub Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

3. The Passport Officer, AFRRO BOI TVM AIRPORT, Trivandrum, Kerala State.

+ 1 cc TO Mr.S.Selvakumar , Advocate in SR No. 93666 + 2 ccs TO Mr.P.Subbiah , Advocate in SR No. 93672 + 1 cc TO The Special Government Pleader in SR No. 93846 mj AE/KK/SAR1/03.01.2018/3P/8C W.P(MD)No.23346 of 2017 19.12.2017