Madras High CourtWP(MD)/16824/2023disposed of

Sengolesahayaraj.J v. The Secretary

2023-12-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN J.Sengolesahayaraj ... Petitioner Vs.

1.The Secretary, Government of India, Ministry of External Affairs, New Delhi.

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

3.The Inspector of Police, Thirupalaikudi Police Station, Thirupalaikudi Taluk, Ramanathapuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondents impugned communication no. SCN/313360019/22 dated 20.09.2022 and quash the same and consequently direct the 2nd respondent to return of the petitioner's passport bearing no. W0825580 dated 11.08.2022 within a period stipulated time by this Court. 1/4

For Petitioner : Mr.S.Atham Ali For Respondents : Mr.S.Paramasivam for R1 & R2 : Mr.A.Albert James Government Advocate for R3

ORDER

Heard both sides.

2. The petitioner's passport is still valid. But he has been asked to surrender on account of his implication in the criminal case.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that as many as three criminal cases have been registered against the petitioner under Section 379 of IPC and they have been charge sheeted also. They have been taken on file also.

4. The petitioner is therefore given liberty to move the trial Court and seek relief now sought for. If the trial Court gives a direction for return of the passport, the second respondent will abide by the said direction. Granting liberty to the petitioner to move the trial Court, the Writ Petition is disposed of. No costs.

21.12.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To The Inspector of Police, Thirupalaikudi Police Station, Thirupalaikudi Taluk, Ramanathapuram District.

3/4

G.R.SWAMINATHAN, J.

rmi 21.12.2023 4/4