Kalandar Ansari v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.19560 of 2022 Kalandar Ansari ... Petitioner Vs.

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

2.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned order dated 16.8.2022 passed by the 1st respondent and quash the same as illegal.

For Petitioner : Mr.A.V.Arun For R1 : Mr.P.Paul Pandi CGSC For R2 : Mr.M.Prakash Additional Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2. petitioner was issued with passport on 05.07.2022. Thereafter, the present notice came to be issued calling upon the petitioner to explain as to why the said passport should not be impounded. The reason for issuing the notice is that the petitioner did not disclose his implication in a criminal case. That led to filing of this writ petition.

3. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for R2 stated that the criminal case was registered against the petitioner in 2020 and that it is still pending only at the FIR stage. Therefore, there was no obligation on the part of the petitioner to make disclosure of the same. Be that as it may, the allegations are also not serious.

4. In this view of the matter, the impugned notice is quashed. The Writ Petition is allowed. No costs.

25.08.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

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