Mohamed Rawoof v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2015 Mohamed Rawoof ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep by Home Secretary, Fort St. George, Chennai.

2.The Passport Officer, O/o.The Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

3.The Commissioner of Police, Tirunelveli City, Tirunelveli.

4.The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent to issue passport to me in File No.MD2068059711714 on the file of the second respondent and further direction to the fourth respondent to submit the Police Verification report with fair manner to the second respondent. For Petitioner :Mr.S.M.A.Jinnah For Respondents :Mr.M.Prakash Additional Government Pleader for R1 :Mr.S.Jeyasingh Standing Panel Counsel Government of India for R2 :Mr.R.M.S.Sethuraman Additional Public Prosecutor R3 & R4

O R D E R

This writ petition has been filed seeking for a mandamus, to direct the second respondent to issue passport to the petitioner on the application made by the petitioner in File No.MD2068059711714, on the file of the second respondent and further direct the fourth respondent to submit a Police Verification report with fair manner to the second respondent.

2.The case of the petitioner is that he had made an application for issuance of a passport in November 2014 and the same has been kept pending for want of police verification.

3.The learned Additional Public Prosecutor would submit that there are five cases pending against the petitioner and therefore, they had given an adverse report.

4.The learned counsel for the petitioner would submit that he had been acquitted in all the five cases.

5.In view of the aforesaid factual statement and also considering the fact that the application has been made as early as in the year 2014, for issuance of passport, this Court is inclined to dispose of this writ petition with a direction to the petitioner to make a fresh application for grant of passport to the second respondent herein, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such application,

the second respondent shall pass appropriate orders on merits and in accordance with law, within a period of eight weeks thereafter.

6. With the aforesaid directions, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

16.02.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn

To 1.The Home Secretary, The Government of Tamil Nadu, Fort St. George, Chennai.

2.The Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai.

3.The Commissioner of Police, Tirunelveli City, Tirunelveli.

4.The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

K.KUMARESH BABU, J.

sbn and M.P.(MD).No.1 of 2015 16.02.2023