Madras High CourtWP(MD)/22929/2023disposed of

Mariselvam v. The Passport Officer

2023-09-21Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Mariselvam ... Petitioner Vs.

1.The Passport Officer, Mukesh Towers 13 South Bye Pass Road, Xavier Colony, Tirunelveli - 627 005.

2.The Inspector of Police, Alwarkurichi Police Station, Tenkasi District.

3.The Inspector of Police, Courtallam Police Station, Tenkasi District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to issue Police Clearance Certificate to the petitioner by considering online application dated 10.06.2023 in Ref.No.23-1007229677 within stipulated period as framed by this Court.

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For Petitioner : A.Sankararamasubramanian For Respondents : Mr.SS.Madhavan Government Advocate (Crl.side) O RDER This Writ Petition is filed under Article 226 of the Constitution of India seeking for a Mandamus to respondent police to issue the police clearance certificate to the petitioner.

2.It is submitted by the learned counsel that the petitioner has got a passport with the respondent No.1 office and also obtained Visa to visit China. However, the police certificate as required has not been by the respondent No.2 police to the petitioner.

3.The learned Government Advocate (Crl.side) submits that a case was pending against the petitioner in Crime No.118 of 2021 dated 13.03.2021 and after completing the investigation, the charge sheet is also filed and the same was taken on file as CC.No.272 of 2023, in which the petitioner has obtained prearrest bail. 2/4

4.Considering the submissions made by the learned counsel on either side and on perusal of the records, the respondent police are directed to dispose of the petition filed by the petitioner and to issue the police clearance certificate by following the procedure and not to withhold the same anymore. 5.With the above directions, this Petition is disposed of. No costs. Speaking : Yes / No 21.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Passport Officer, Mukesh Towers 13 South Bye Pass Road, Xavier Colony, Tirunelveli - 627 005.

2.The Inspector of Police, Alwarkurichi Police Station, Tenkasi District.

3.The Inspector of Police, Courtallam Police Station, Tenkasi District.

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DR.D.NAGARJUN. J.

mm W.P.(MD)No.22929 of 2023 21.09.2023 4/4