Rajendran Veerappan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Rajendran Veerappan ... Petitioner -VsThe Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

... Respondent Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to reissue renewed pass port No.Z5043100 dated 16.11.2018. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.M.Kannan, CGSC

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent to reissue renewed pass port No.Z5043100 dated 16.11.2018.

2.Heard Mr.S.Sarvagan Prabhu, learned counsel appearing for the petitioner and Mr.M.Kannan, learned Central Government Standing Counsel appearing for the respondent.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner seems to have made an application to renew the passport No. Z5043100 on 16.11.2018. Pursuant to the said application, the respondent, having processed the same, had issued a communication to the petitioner on 29.11.2018 stating that, some criminal cases are pending against the petitioner in Dindigul Town West Police Station and in this regard, it is further stated that the cases are pending under investigation and therefore, while 1/3

making the application, since the petitioner has suppressed those facts that, the cases are pending against him, under the said communication dated 29.11.2018, the petitioner was directed to give explanation. Thereafter, it seems that, the petitioner also appeared before the respondent office and gave explanation and the copy of the same is not filed before this Court. 5.Be that as it may, now the issue is whether in those criminal cases, investigation have been completed and if so, charge sheets have been filed against the petitioner or not? has to be ascertained by the respondent from the concerned police station and thereafter only, they have to act upon to decide the application of the petitioner.

6.In this regard, the learned Central Government Standing Counsel appearing for the respondent would submit that, after ascertaining the fact as to the present stage of the said criminal cases from the concerned police, needful would be done, within a time frame.

7.Concerning the said facts and circumstances of the case, this Court is inclined to dispose of this writ petition with the following direction:

"The respondent is hereby directed to consider the said application of the petitioner dated 16.11.2018 for renewal of passport and in this regard, it is open to the respondent to ascertain the current status of the criminal cases pending against the petitioner and in this regard, the necessary input from the concerned police station can be obtained by the respondent and thereafter, after getting further explanation, if any required from the petitioner, the application can be considered on merits and final order shall be passed, within a period of eight weeks from the date of receipt of a copy of this order." 7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) 2/3

To The Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-79920[F] 06/08/2019 ) +1 CC to M/s.M.KANNAN, Advocate ( SR-80240[F] dated 07/08/2019 ) Order made in 06.08.2019 Arul SDS (20.12.2019) 3P 4C 3/3