Tamilselvan v. The Officer-In-Charge

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tamilselvan ... Petitioner Vs.

1.The Officer-In-Charge, Passport Seva at Indian Embassies and Consulates Official User Portal, Ministry of External Affairs, New Delhi.

2.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai District.

3.The Inspector of Police, Eathamozhy Police Station, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to renew the petitioner's passport in Passport No.M0498755, by disposing the petitioner's online application in Ref. No.24-2002365386 dated 18.05.2024, within the stipulated time fixed by this Court. 1/4

For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondents : Mr.K.Gokul, Standing Counsel for R1 & R2.

Mr.A.Albert James, Govt. Advocate (Crl. Side) for R3.

ORDER

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.277 of 2022 on the file of Additional Mahila Court, Nagercoil. 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 2/4

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 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 petitionmentioned application in terms of the said order. 6.This writ petition is disposed of accordingly. No costs. 23.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- The Inspector of Police, Eathamozhy Police Station, Kanyakumari District.

Copy to:

The Additional Mahila Court, Nagercoil.

23.07.2024 4/4