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Madras High CourtWP(MD)/17771/2022allowed

Magalingan Konnakulam v. The Regional Passport Officer,

2022-08-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Magalingan Konnakulam ... Petitioner Vs.

1.The Regional Passport Officer, Madurai, Bharathi Ula Street, Race Course Road, Madurai - 625 002.

2.The Superintendent of Police, Sivaganga, Sivaganga District.

3.The Inspector of Police, Karaikudi North Police Station, Sekkalai, Karaikudi, Sivaganga District - 630 003.

4.The Inspector of Police, Manamadurai Police Station, Sivaganga District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 1st respondent from recall the file No.MD1073816010121 and passport No.V3994446 which was already renewed for a period from 20.12.2021 to 19.12.2031. 1/4

For Petitioner : Mr.N.Murugesan For Respondents : Mr.L.Victoria Gowri, Assistant Solicitor General for R1 Mr.M.Sarangan, Addl. Govt. Pleader for R2 to R4.

ORDER

Heard the learned counsel on either side.

2.The petitioner was holding an Indian passport. He seeks renewal of the same. Since the petitioner got involved in a criminal case, the first respondent did not process the petitioner's application. It is now stated by the learned Additional Government Pleader for the respondent 2 to 4 that the criminal case is pending only at the FIR stage. It has been held time and again that pendency of a criminal case at the FIR stage cannot be an impediment for processing the petitioner's request for issuance of passport. Therefore, the first respondent is directed to renew the passport to the petitioner by considering the petition mentioned application subject to fulfilment of other formalities. 3.The writ petition is allowed accordingly. No costs. 08.08.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:

1.The Superintendent of Police, Sivaganga, Sivaganga District.

2.The Inspector of Police, Karaikudi North Police Station, Sekkalai, Karaikudi, Sivaganga District - 630 003.

3.The Inspector of Police, Manamadurai Police Station, Sivaganga District.

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G.R.SWAMINATHAN, J.

ias 08.08.2022 4/4