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Madras High CourtWP(MD)/16203/2021closed

Kalai Arasi.M v. The Regional Passport Officer

2021-11-26Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.Kalai Arasi ... Petitioner Vs.

1.The Regional Passport Officer, Bharathi Ula Road, Near Thaamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai.

2.The Assistant Passport Officer, Bharathi Ula Road, Near Thaamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai.

3.The Commissioner of Police, Madurai.

4.The Inspector of Police, All Women Police Station, Thallakulam, Madurai.

5.The Chief Immigration Officer, Chennai International Airport, Chennai.

6.K.Meenakshisundaram ... Respondents 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 to impound the passport of the sixth respondent namely Meenakshisundaram Kandhavelu bearing passport No.L9067558 by considering the petitioner's representation dated 17.08.2021.

For Petitioner : Mr.S.Satheesh Kumar For R-1, R-2 : Mrs.L.Victoria Gowri, and R-5 Assistant Solicitor General of India.

For R-3 and R-4 : Mr.D.Ghandiraj, Special Government Pleader.

For R-6 : Mr.J.Selvin Rajesh for M/s.Dictum Law Firm.

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ORDER

Heard Mr.S.Satheesh Kumar, learned counsel for the petitioner, Mrs.L.Victoria Gowri, learned Assistant Solicitor General of India, who appears for respondents 1, 2 and 5, Mr.D.Ghandiraj, learned Special Government Pleader who appears for respondents 3 and 4 and Mr.J.Selvin Rajesh, learned counsel who appears for the sixth respondent.

2. Though the petitioner has impleaded respondents 1 to 5 primarily around a dispute between the petitioner and the sixth respondent who are incidentally spouses, in view of that particular relationship, let me not enter into any discussion with respect to the allegation raised by them against each other and which has necessitated filing of the Writ Petition to impound the passport of the sixth respondent.

3. I must state with much satisfaction that the petitioner and the sixth respondent, with much prudence, have also entered into mediation and conciliation talks with hope that they would settle all issues between themselves. If issues are settled and I am confident that they would be settled, no further orders would be required in the Writ Petition.

4. Even otherwise, the learned Assistant Solicitor General of India pointed out the counter affidavit wherein it has been stated that the sixth respondent had an unfortunate experience of being termed as an accused in Crime No.25 of 2021 registered by All Women Police Station, Thallakulam at Madurai under Section 498 A, 406 and 494 of IPC. Let me not examine further the details of that particular complaint, since as aforesaid, the parties, with much prudence have decided to mediate the issues.

5. It is also seen that the sixth respondent had obtained a passport No.L9067558 on 25.04.2014 from Embassy of India, Helsinki, Finland inlieu of Passport No.F0443358 issued by the Regional Passport Officer, Trichy and the first respondent / the Regional Passport Officer, Madurai had not issued any passport to the sixth respondent. It is also stated that the matter had already been referred to the Commissioner of Police, Madurai City on 06.09.2021.

6. In view of these facts, no further directions are required and I once again record the hope and trust of this Court that the petitioner and the sixth respondent would actually settle the issues between themselves through the ongoing mediation talks.

7. With the said observations, this Writ Petition is closed. If at all the parties want to still agitate any other issue, 2/3

they may institute any further proceedings in accordance with law. There shall be no order as to costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Regional Passport Officer, Bharathi Ula Road, Near Thaamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai.

2.The Assistant Passport Officer, Bharathi Ula Road, Near Thaamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai.

3.The Commissioner of Police, Madurai.

4.The Inspector of Police, All Women Police Station, Thallakulam, Madurai.

5.The Chief Immigration Officer, Chennai International Airport, Chennai.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

26.11.2021 MGJ(09.12.2021) 3P 7C 3/3