Madras High CourtWP(MD)/22558/2021disposed of

Rajesh .M v. The Regional Passport Officer

2023-11-22Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Rajesh ... Petitioner Vs.

1.The Regional Passport Officer, O/o. the Regional Passport Office, Bharat Ulla Street, Race Course Road, Madurai- 625 002.

2.The Inspector of Police, Kaliyakavilai Police Station, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to reissue the petitioner's Passport File bearing No.MD01C5017700520 based on the receipt No.MDUF 20368881119 dated 16.03.2020 issued by the 1st respondent on the petitioner's application dated 16.03.2020 within the time stipulated by this Court.

For Petitioner : Mr.K.Hariharan For R-1 : Mr.V.Malaiyendran, Standing Counsel 1/4

For R-2 : Mr.R.Sivakumar, Government Advocate (Criminal Side)

O R D E R

This Writ Petition has been filed for issuance of writ of mandamus directing the first respondent to reissue the passport to the petitioner based on the application submitted by the petitioner on 16.03.2020.

2. The application submitted by the petitioner before the first respondent for re-issuing the passport was not considered on the ground that criminal case is pending against the petitioner.

3. When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the second respondent submitted that the case is now pending in Spl.S.C.No.171 of 2022 before the Principal District and Sessions Court, Nagercoil.

4. In view of the above, the petitioner has to necessarily move an application before the concerned Court and seek for necessary 2/4

directions for re-issuance of passport. This issue has been dealt with 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.

5. This Writ Petition is disposed of in the above terms. No costs.

22.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To The Inspector of Police, Kaliyakavilai Police Station, Kanyakumari District.

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N.ANAND VENKATESH, J.

tsg 22.11.2023 4/4