Naina Mohamed v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.14724 of 2023 Naina Mohamed ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, New Municipal Nagar, Thillai Nagar, 7th Cross Street, Tiruchirappalli - 620 018.

2.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai.

3.The Inspector of Police, Mimisal Police Station, Pudukottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned notice in Letter Ref.No.SCN/313326435/22 dated 15.09.2022 passed by the respondent No.1 and quash the same as illegal, consequently directing the respondent No.1 to reissue the passport to the petitioner forthwith based on his application in file No.TR2074428109722 dated 22.07.2022. 1/4

For petitioner : Mr.Mohamed Riyaz For Respondent : No representation No.1 For Respondent : Mr.P.Kottaichamay, Nos.2 & 3 Government Advocate (Crl Side)

ORDER

The petitioner is challenging the notice issued by the 1st respondent calling upon his explanation in respect of his involvement in a criminal case. 2.The learned Counsel for the petitioner submits that the petitioner has made an application for renewal of passport on 15.09.2022. However the petitioner's application has not been considered by the 1st respondent so far. Therefore, this writ petition is filed.

3.There is no representation for the 1st respondent. 4.The learned Government Advocate (Crl Side) appearing for the 2nd and 3rd respondents submits that the investigation in Crime No.204 of 2020 has been completed, final report was filed and it was taken on file in STC.No.533 of 2023 on the file of the Judicial Magistrate, Aranthangi and the case was closed under Section 258 CrPC.

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5.In view of the above, the impugned notice is set aside. The petitioner is directed to make a fresh application along with the copy of this order within a period of two weeks from the date of receipt of a copy of this order and on such application, the 1st respondent shall consider the same and issue passport to the petitioner within a period of twelve weeks therefrom. 6.The writ petition is disposed of in the above terms. No costs. Consequently connected miscellaneous petition is closed. 11.09.2023 dsk To 1.The Regional Passport Officer, 1.The Regional Passport Officer, Regional Passport Office, New Municipal Nagar, Thillai Nagar, 7th Cross Street, Tiruchirappalli - 620 018.

2.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai.

3.The Inspector of Police, Mimisal Police Station, Pudukottai District.

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B.PUGALENDHI, J.

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