Pandiarajan v. The Passport Officer

1 W.P.(MD)NO.16063 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16063 of 2024 Pandiarajan ... Petitioner Vs.

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

2. The Inspector of Police, North police station, Karaikudi, 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 to renew the petitioner's passport No.K0583346 based on the petitioner's passport renewal file No.MD1076358166124 dated 14.03.2024.

For Petitioner : Mr.P.Aju Tagore For R-1 : Mr.A.P.Rajasimman, Central Government Standing counsel.

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

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2 W.P.(MD)NO.16063 OF 2024

O R D E R

Heard both sides.

2.The petitioner seeks re-issuance 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 Special S.C.No.17 of 2021 on the file of the Special Court for SC/ST Cases, Sivagangai District.

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 2/4

3 W.P.(MD)NO.16063 OF 2024 be at stake if he is denied the right to go abroad. Therefore, the trial 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. 22.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.16063 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

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

2. The Inspector of Police, North police station, Karaikudi, Sivagangai District.

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