Madras High CourtWP(MD)/16115/2024allowed

Arivazhagan Raj v. The Regional Passport Officer

2024-07-18Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.16115 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16115 of 2024 Arivazhagan Raj ... Petitioner Vs.

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

2. The Inspector of Police, District Crime Branch, Sivagangai District.

Tamil Nadu.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to reopen the petitioner's passport application (Application No.MD01C5015256321) and process the same expeditiously and direct the second respondent, the Inspector of Police, District Crime Branch, Sivagangai District, Tamil Nadu to issue No Objection Certification(NOC) for the issuance of the passport and remove the petitioner's name from FIR as per the Court order. For Petitioner : Mr.S.Bageerathan For R-1 : Mr.P.Subbiah, Central Government Standing counsel.

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

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2 W.P.(MD)NO.16115 OF 2024

O R D E R

When the matter was taken up for hearing, the learned Standing counsel informed the Court that the petitioner's application was already closed on 28.04.2023. The petitioner is at liberty to submit a fresh application.

2. The learned Government Advocate points out that even though the petitioner originally figured as an accused, following the order passed by this Court he is figuring only as a witness. As on date, there is no prosecution pending against the petitioner. There is no impediment for processing his application.

3. On submission of fresh application by the petitioner, the first respondent shall process the petition-mentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs. 18.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/3

3 W.P.(MD)NO.16115 OF 2024 To:

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

2. The Inspector of Police, District Crime Branch, Sivagangai District.

Tamil Nadu.

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4 W.P.(MD)NO.16115 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.16115 of 2024 18.07.2024 4/3