Vinoth Kumar.K v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.(MD).No.14978 of 2023 K.Vinoth Kumar ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathiula Veethi, Race Course Road, Madurai 2.

2.The Inspector of Police, B1 Police Station, Ramanathapuram District.

(Crime No.271/2008) R2 is impleaded vide Court order dated 19.09.2023 in W.M.P.(MD).No.

18506 of 2023 in W.P.(MD).No.17928 of 2003.

... 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 entire records connected with the letter in Ref.No:SCN/315175373/23, dated 01.07.2023, issued by the respondent requiring clarification from the petitioner for issuance of passport and quash the same and 1/5

consequently directing the respondents to re-issue passport to the petitioner within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For R1 : Mr.K.Kuttalanathan Standing counsel For R2 : Mrs.M.Aasha Government Advocate (Crl.side)

O R D E R

This writ petition has been filed challenging the letter dated 01.07.2023, issued by the first respondent requiring clarification from the petitioner for issuance of passport and to quash the same and consequently direct the respondents to re-issue the passport to the petitioner.

2. According to the petitioner, his passport expired on 17.06.2023 and hence, he approached the first respondent and submitted his online application on 07.06.2023 and its file number is MD01C5051272923. After one month, the first respondent has issued the impugned notification requiring clarification from the petitioner with regard to the case in Crime No.271 of 2008 registered on the file of Ramanathapuram 2/5

Police Station for the offence under Section 3 of TNPPDL Act. Challenging the same, the present writ petition has been filed.

3. When the matter is taken up for hearing today, the learned Government Advocate (Crl.side) appearing for the second respondent would submit that the case in Crime No.271 of 2008 has been registered against the petitioner under Section 3 of TNPPDL Act as he damaged the bus by pelting stone and the same is PRC stage.

4. Considering the above said submissions, this Court directs the petitioner to give an undertaking before Ramanathapuram Police Station that he will not indulge in such activities and request to pardon him and to pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the Advocate Clerks' Association, Madurai Bench of Madras High Court, Madurai within a period of two weeks from the date of receipt of a copy of this order. On such payment, the first respondent is directed to consider the petitioner's application dated 07.06.2023 and issue appropriate order regarding issuance of passport to the petitioner, within a period of four weeks thereafter.

3/5

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 29.01.2024 akv To 1.The Regional Passport Officer, Regional Passport Office, Bharathiula Veethi, Race Course Road, Madurai 2.

2.The Inspector of Police, B1 Police Station, Ramanathapuram District.

(Crime No.271/2008) 4/5

V.BHAVANI SUBBAROYAN ,J.

akv 29.01.2024 5/5