Ravivarma v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Ravivarma ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Sub-Inspector of Police, Palani Taluk Police Station, Dindigul District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to grant passport in File No.MD1063572390721 dated 14.09.2021.
For Petitioner : Mr.S.Selva Kumar For R-1 : Mr.V.B.Sundhareshwar, Central Government Counsel.
For R-2 : Mr.N.Satheesh Kumar, Additional Government Pleader.
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking a direction to the first respondent / the Regional Passport Officer, Madurai, to grant passport in File No.MD1063572390721 dated 14.09.2021.
2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had applied for a passport on 14.09.2021 in the aforesaid file number. The first respondent had issued a communication to the second respondent / the Sub-Inspector of Police, Palani Taluk Police Station, Dindigul District to inform whether the petitioner had come to their adverse notice. The second respondent had informed that a First Information Report in Crime No.295/2020 had been registered against the petitioner under Section 269 of IPC and also relevant provisions of the Pandemic Act. 1/3
3. Heard Mr.S.Selva Kumar, learned counsel for the petitioner, Mr.V.B.Sundhareshwar, learned Central Government Counsel, who takes notice for the first respondent and Mr.N.Satheesh Kumar, learned Additional Government Pleader who takes notice for the second respondent.
4. It is seen that the offence committed had been registered at the time of COVID-19 lockdown and probably the petitioner, thinking that he would be able to go abroad with his passport, as an exercise, started roaming outside the house.
5. Pendency of a First Information Report may not be a bar to the first respondent in processing the application of the petitioner herein. If necessary undertakings have to be given, the first respondent may call upon the petitioner to give such undertakings.
6. A direction is issued to the first respondent to proceed further with respect to the passport application of the petitioner and if it is otherwise in order, proceed to issue the said passport. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.
7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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 Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2/3
2.The Sub-Inspector of Police, Palani Taluk Police Station, Dindigul District.
+1 CC to M/s.SPL.GP ( SR-1736[F] dated 19/01/2022 ) 12.01.2022 MGJ(01.02.2022) 3P 4C 3/3