Madras High CourtWP(MD)/16683/2024disposed of

Subramaniyan v. The Regional Passport Officer

2024-07-24Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.16683 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16683 of 2024 Subramaniyan ... Petitioner Vs.

1. The Regional Passport Officer, Tiruchirappalli New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620 018.

2. The Inspector of Police, Civil Supply CID, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's passport application in online application File No. TR2086832581523 dated 28.11.2017 within time frame fixed by this Court.

For Petitioner : Mr.V.Vijayendran For R-1 : Mr.V.B.Sundareshwar For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.16683 OF 2024

O R D E R

Heard both sides.

2.The petitioner seeks 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 C.C.No.151 of 2022 on the file of the Judicial Magistrate No.I, Sivagangai.

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.16683 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. 24.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.16683 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

1. The Regional Passport Officer, Tiruchirappalli New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620 018.

2. The Inspector of Police, Civil Supply CID, Sivagangai District.

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