C.Rajkumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2023

CORAM:

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

2.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District, (Cr.No. 564/2020).

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the first respondent to conclude the review in respect of the petitioners passport application in file number MD1073358987921 based on the representation dated 17.08.2023.

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For Petitioner : Mr.N.Jeyaram Sidharth For R1 : Mr.K.Sankar Raman Central Government Standing Counsel For R2 : Mr.P.Kottaichamy Government Advocate

O R D E R

The petitioner has approached the first respondent for reissuance of passport and has also approached this Court for a Mandamus, directing the first respondent to conclude the review in respect of the petitioner's passport application dated 17.08.2023 within a reasonable time.

2.Mr.K.Sankar Raman, learned Central Government Standing Counsel, who takes notice for the first respondent submits that on police verification, it is reported that a case is pending as against this petitioner and therefore, the first respondent has issued a show cause notice, dated 20.04.2021, calling upon the petitioner to offer his explanation and a reminder was also issued to this petitioner 2/5

on 27.10.2021. However, the petitioner has not appeared before the first respondent. Hence, the petitioner's application has not been decided so far.

3.Mr.P.Kottaichamy, learned Government Advocate, who takes notice for the second respondent on instructions submits that this petitioner was involved in Crime No.564 of 2020, on the file of the Thirupathur Town Police Station, for the offences punishable under Section 294b of IPC and the same was taken on file in STC No.157 of 2020 and it was closed by the Judicial Magistrate, Tirupathur on 08.12.2020 on the ground that the petitioner has pleaded guilty and has paid the fine amount of Rs.500/-. He further submits that as on date there is no other case is pending as against this petitioner. 4.Considering the rival submissions made, this writ petition is allowed with a direction to the petitioner to appear before the first 3/5

respondent and produce the relevant documents, including the closure report of the criminal case in STC No.157 of 2020. On such production of documents, the first respondent shall consider the application of this petitioner, dated 17.08.2023, within a period of four weeks from the date of receipt of a copy of this order. No costs. 28.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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

2.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District, 4/5

B.PUGALENDHI, J.

vrn Order made in 28.08.2023 5/5