Thahir Khan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Thahir Khan ... Petitioner Vs.

1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Road, Racecourse, Madurai-625 002.

2.The Superintendent of Police, District Police Office, Theni District.

3.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No.1 to issue Fresh Passport in File No. MD1063046000520 dated 08.10.2020 by considering his representation dated 10.08.2021 within a time frame fixed by this Court.

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For Petitioner : Mr.A.Syed Abdul Kather For R-1 : Mr.C.Jeyasingh, Senior Panel Counsel For R-2 & R-3 : 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 fresh passport to the petitioner by considering the application submitted by the petitioner on 10.08.2021.

2. The application that was submitted by the petitioner seeking for issuance of passport was not considered by the first respondent on the ground that an F.I.R., was pending in Crime No.413 of 2019.

3. When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the second and third respondents submitted hat the investigation was completed and a final report was filed before the learned Judicial Magistrate, Uthamapalayam and the same was taken on file in S.T.C.No.554 of 2020 and this 2/4

proceeding was quashed by this Court in Crl.O.P.(MD).No.11111 of 2022 by an order dated 05.04.2023. The order was also placed before this Court.

4. In view of the above, the criminal proceedings itself has come to an end and therefore, there is no reason to deny the issuance of passport to the petitioner, if he has fulfilled the other requirements. The first respondent shall complete the process of issuance of passport to the petitioner, if not already issued, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

23.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, District Police Office, Theni District.

2.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

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N.ANAND VENKATESH, J tsg 23.11.2023 4/4