Madras High CourtWP(MD)/22013/2019dismissed

Tintu v. The Regional Passport Officer

2019-12-04Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P.(MD)No.22013 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.22013 of 2019 Mr.Tintu .. Petitioner Vs The Regional Passport Officer O/o. Regional Passport Office Bharathi Ula Veethi Race Course Road Madurai - 625 002 ..Respondent Tamil Nadu.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to re-issue the passport of the petitioner bearing application reference No.19-1005889591 dated 19.06.2019, within the time period stipulated by this Court.

For Petitioner : M/s.T.Lalajapathi Roy For Respondent : Mr.V.Kathirvelu Assistant Solicitor General, Assisted by Mr.C.Nandagopal Central Government Standing Counsel

O R D E R

This Writ Petition is filed by the petitioner directing the respondent to re-issue the passport of the petitioner bearing application reference No.19-1005889591 dated 19.06.2019, within the time period stipulated by this Court.

2. Mr.V.Kathirvelu, Assistant Solicitor General, Assisted by Mr.C.Nandagopal, Central Government Standing Counsel takes notice on behalf of the respondent.

3. Heard both sides.

4. Upon instructions, the learned Special Government Pleader appearing for the respondent has reported that there was a First Information Report pending in PRC No.29 of 2019, on the file of Judicial Magistrate Court, Iranial, wherein the petitioner is arrayed as an accused.

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W.P.(MD)No.22013 of 2019

5. It is brought to the attention of this Court that as per the Notification of the Ministry of External Affairs, Government of India, in GSR 570(E), states that, if there are any proceedings in respect to offence alleged to have been committed by the applicants pending before a Criminal Court in India and who produces orders from the Court concerned are permitted to depart from India from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passport Act 1967, subject to certain conditions.

6. As there is a criminal case against the petitioner, pending before the Judicial Magistrate Court, Iranial, it is open to the petitioner to apply for the permission for re-issuance of passport before the same Court and on production of such order granting permission, it is open to the respondent to consider the same and pass appropriate orders.

7. With the above observation, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) vrn To The Regional Passport Officer, O/o. The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002 Tamil Nadu.

+1 CC to Mr.T.LAJAPATHIROY, Advocate ( SR-103757[F]dated 06/12/2019 ) W.P.(MD) No.22013 of 2019 04.12.2019 VB(30.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4