Madras High CourtWP(MD)/20985/2021disposed of

Rajasekaran P v. The Superintendent Of Police

2021-11-24Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.20985 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20985 of 2021 P.Rajasekaran ... Petitioner Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

2. The State rep. By, The Inspector of Police, Keelavalavu police station, (Crime Nos.183 of 2012 & 223 of 2012)

3. The State rep. By, The Inspector of Police, Othakadai police station, (Crime No.388 of 2013).

4. The Regional Passport Officer, O/o.The Regional Passport Officer, Bharathi Ulla Street, Race Course Road, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 3 to issue necessary clearance to the fourth respondent and subsequently directing the fourth respondent to issue a temporary passport for the period of one year to the petitioner based on the application in Application No.20-1004492037 dated 15.10.2020 and as per the earlier passport issued with Passport No.T3668786 by the orders of this Court in Crl.O.P.(MD)No.7962 of 2017 dated 27.08.2019.

For Petitioner : Mr.S.Ramsundaravijayaraj For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 3.

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2 W.P.(MD)NO.20985 OF 2021

2. The petitioner wants this Court to direct respondents 1 to 3 to issue NOC so as to enable the fourth respondent to issue temporary passport in favour of the petitioner to enable him to travel abroad.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that as many as three cases are pending against the petitioner. While two cases are pending at the committal stage, one case is still pending in Spl.S.C.No.40 of 2021 on the file of the Special Court (Mines and Minerals), Madurai.

4. The petitioner is given liberty to file an application before the Special Court. The Special Court is directed to dispose of the petitioner's application on merits and in accordance with law within a period of ten days from the date of filing of such application.

5. With this liberty to the petitioner and the direction to the Special Court, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judge, Special Court (Mines and Minerals), Madurai.

2. The Superintendent of Police, O/o. The Superintendent of Police,Madurai District.

3. The State rep. By, The Inspector of Police,Keelavalavu police station.

4. The State rep. By, The Inspector of Police,Othakadai police station,Madurai. +1 CC to M/s.S. RAMSUNDARVIJAYRAJ, Advocate ( SR-35904[F] dated 25/11/2021 ) W.P.(MD)No.20985 of 2021 24.11.2021 MGJ(03.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2