Madras High CourtWP(MD)/4495/2018disposed of

Rajmohan, v. The Regional Passport Officer

2024-01-05Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Rajmohan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue a passport based on the explanation/representation, dated 09.02.2018 within a time limit stipulated by this Court.

For Petitioner : Mr.D.Ramesh Kumar For R1 : Mr.C.Nandhagopal Central Government Standing Counsel 1/5

For R2 : Mr.Vaikkam Karunanidhi Government Advocate

O R D E R

The application filed by the petitioner for passport in the year 2017 was not considered by the passport authorities on the ground that this petitioner was involved in a criminal case in Crime No. 148 of 2016 on the file of the Poovanthi Police Station for the offences punishable under Sections 147,148, 294(b), 323, 324, 307 and 379 IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 and Sections 3(1)(r), 3(1) (s), 3(2) (v) of the Schedule Cast and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.Therefore, this petitioner has filed this writ petition for a Mandamus directing the respondents to issue a passport to him by considering his application dated 09.02.2018. 2.Today(05.01.2024), when this writ petition is taken up for hearing, the learned counsel on either side submits that the criminal case pending as against this petitioner in Crime No.148 of 2/5

2016 on the file of the Poovanthi Police Station was ended in acquittal and as on date there is no criminal case as against this petitioner.

3.Considering the fact that no case is pending as against this petitioner as on date, this writ petition is disposed of with a liberty to the petitioner to submit a fresh application within a period of three weeks from the date of receipt of a copy of this order. On receipt of such application, the passport authorities shall process the same in accordance with law within a period of eight weeks from thereon. No costs.

05.01.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

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

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

4/5

B.PUGALENDHI, J.

vrn Order made in 05.01.2024 5/5