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Madras High CourtWP(MD)/23952/2023allowed

Aasai v. The Regional Passport Officer

2023-10-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.20130 of 2023 Aasai ... Petitioner Vs.

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

2.The Inspector of Police, Kottampatti Taluk, Melur, Madurai District.

(R.2 is suo motu impleaded vide order of this Court dated 10.10.2023) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the proceedings of the respondent in Ref.No. FCL/315147515/23 dated 27.06.2023, quash the same and consequently 1/4

directing the respondent to re-open the file and issue the passport to the petitioner in file No.MD1063253512521 within the stipulated time as fixed by this Court.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.P.Subbaiah Central Government Senior Panel Counsel for R.1 Mr.A.ALbert James Government Advocate for R.2

ORDER

Heard both sides.

2. The petitioner applied for issuance of passport. After issuing show cause notice, the application had been closed. That was because the petitioner did not offer his response. The petitioner is facing criminal case in Crime No.7 of 2017 registered on the file of Kottampatti Police Station.

3. I wanted to know the status of the case. It is stated that chargesheet has been filed but then it is yet to be taken on file. 2/4

Therefore, the petitioner need not approach the trial Court. The petitioner is permitted to resubmit his application before the first respondent. Pendency of the criminal case will note come in the way. The first respondent will process the same and issue the passport to the petitioner if there is no other impediment.

4. This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

17.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Kottampatti Taluk, Melur, Madurai District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.20130 of 2023 17.10.2023 4/4