Rathinavel Raja.V v. The Regional Passport Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM V.Rathinavel Raja

...Petitioner

Vs.

1.The Regional Passport Officer, Madurai.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

4.R.Sudha

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 15.07.2022 and to recover his educational certificates and passport bearing No.N 9178799 which are in the illegal custody of the fourth respondent and consequently direct him to hand over the same to the petitioner.

For petitioner : Mr.C.Muthu Saravanan For R1 : Mr.Ashok Kumar Ram For R2 & R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

O R D E R

This writ petitioner filed this Writ Petition seeking a direction to the second respondent to consider the petitioner's representation dated 15.07.2022 and to recover his educational certificates and passport bearing No.N 9178799 which are in the illegal custody of the fourth respondent and consequently direct him to hand over the same to the petitioner.

2.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) takes notice for the respondents 2 and 3. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.When the matter is taken up for hearing, the learned Government Advocate (Criminal Side) submitted that the petitioner is residing at Shenkottai and the third respondent police does not come under this jurisdiction and hence, the third respondent closed the complaint. 4.The learned counsel for the petitioner submitted that the fourth respondent is residing at Valliyoor and the third respondent police comes 2/4

under this jurisdiction and hence, he gave a complaint to the third respondent police.

5.It is seen that the fourth respondent is residing at Door No.17/63B, Sivankoil Street, Valliyoor, Tirunelveli District, and the fourth respondent has taken the passport of the petitioner and refused to return the same. Therefore, the third respondent police hereby is directed to consider the representation of the petitioner dated 15.07.2022 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No Costs.

04.08.2022 Index :Yes/No Interner: Yes/No csm 3/4

V.SIVAGNANAM, J.

csm To 1.The Regional Passport Officer, Madurai.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

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