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Madras High CourtWP(MD)/16480/2022allowed

Maria Anton Vijay.A v. The Secretary To Government

2022-07-27Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.16480 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16480 of 2022 A.Maria Anton Vijay ... Petitioner Vs 1.The Secretry to Government, Ministry of External Affairs, South Block, New Delhi - 110 011.

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

3.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to issue a passport to the petitioner by considering the petitioner's passport application vide File No.MD1073497952721 dated 06.08.2021 For Petitioner : Mr.N.Pragalathan For Respondents : (*)Mr.V.J.Kumaravel Senior Panel Counsel for R.1 & R.2 Mr.M.Prakash Additional Government Pleader for R.3

ORDER

Heard the learned counsel on either side.

2.The petitioner was holding an Indian passport. He seeks renewal of the same. Since the petitioner got involved in a criminal case, the second respondent did not process the petitioner's application. It is now stated by the learned Additional Government Pleader for the third respondent that the criminal case is pending https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD)No.16480 of 2022 only at the FIR stage. It has been held time and again that pendency of a criminal case at the FIR stage cannot be an impediment for processing the petitioner's request for issuance of passport. Therefore, the second respondent is directed to issue passport to the petitioner by considering the petition mentioned application subject to fulfilment of other formalities.

3.The writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CS-) (*)Revised Order as per order of this court dated 17.08.2022 Sd/- Assistant Registrar(CS-) // True Copy // 17/08/2022 Sub Assistant Registrar(CS) mga To (*)substituted order copy to be issued to the order already despatched on 05.08.2022 1.The Secretry to Government, Ministry of External Affairs, South Block, New Delhi - 110 011.

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

3.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

+1 CC to M/s.SPL.GP ( SR-34510[F] dated 28/07/2022 ) +1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-34206[F] dated 27/07/2022 ) +1 CC to M/s.V.J.KUMARAVEL, Advocate ( SR-34029[F] dated 27/07/2022 ) W.P.(MD)No.16480 of 2022 27.07.2022 MA(CO) TR(17.08.2022) 2P 7C https://www.mhc.tn.gov.in/judis 2/2