Madras High CourtWP(MD)/21806/2021disposed of

Lingaraja v. The Regional Passport Officer

2023-11-21Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Lingaraja ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Race Course Road, Madurai - 625 002.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

4.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

... Respondents (Respondent Nos.2 to 4 are impleaded vide Court Order dated 11.01.2022 made in W.M.).(MD).No.19000 of 2021 in W.P.(MD).No.21806 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to issue 1/4

passport to the petitioner by considering the explanations submitted by the petitioner dated 03-11-2021 and 24-11-2021 For Petitioner : Mr.K.Selvam For R-1 : Mr.M.Ashokkumar Senior Central Government Standing Counsel For R-2 to R-4 : Mr.R.Sivakumar, Government Advocate (Criminal Side)

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the first respondent to issue passport to the petitioner by considering the application submitted by the petitioner.

2. When the matter was taken up for hearing, it was brought to the notice of this Court by the learned Government Advocate (Criminal Side) appearing on behalf of respondent Nos.2 to 4 that the investigation was completed and a final report was also filed and the same is now pending before the Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai in Spl.S.C.No.63 of 2018. That apart, yet another case is pending before the same Court in Spl.S.C.No.08 of 2016.

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3. In view of the above development, the relief as sought for by the petitioner cannot be granted by this Court. The petitioner has to necessarily approach the concerned Court where the criminal proceedings are pending and seek for necessary directions. The law on this issue has been discussed in detail by this Court in the case of Rahul Ravindran Vs. Union of India, Represented by its Principal Secretary to Government and Others reported in (2021) 4 MLJ 289.

4. With this liberty, this Writ Petition is disposed of. No costs. 21.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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N.ANAND VENKATESH, J.

tsg 21.11.2023 4/4