Kanimozhi v. Ministry Of External Affairs

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.24522 of 2024 Kanimozhi ... Petitioner Vs.

1.Ministry of External Affairs, Rep. by its Branch Secretary, Chennai Branch, 68, College Road, E.V.K.Sampath Maaligai, 7th Floor, Nungambakkam, Chennai-600 006.

2.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Trichirappalli-620 018.

3.The Inspector of Police, Vadakadu Police Station, Pudukkottai 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 respondents 1 and 2 to renew the petitioner's husband Dhanasekaran Manickam's Passport No.M3216842 by considering the petitioner's representation dated 12.09.2024 within the time stipulated by this Court.

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For Petitioner : Mr.K.C.Maniyarasu For R1 & R2 : Mr.S.Pon Senthil Kumaran, Standing Counsel For R3 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

ORDER

According to the petitioner, her husband is working as Team Leader at Bahrain Services and Maintenance Corporation, Bahrain in contract basis. His passport is about to expire on 29.11.2024. Therefore, he made an application to the 2nd respondent through the Indian Embassy at Bahrain. Since there is a criminal case pending against him, his renewal application has not been considered so far. Therefore, the petitioner has made a representation dated 12.09.2024. However, the same has not been considered so far. Therefore, the petitioner is before this Court. 2.The learned Government Advocate (Crl.Side) appearing for the 3rd respondent would submit that the criminal case registered against the petitioner is charged sheeted and it is taken on file in C.C.No.61 of 2023 on the file of the learned District Munsif Cum Judicial Magistrate, Alangudi. 2/4

3.Considering the peculiar circumstances that since the husband of the petitioner engaged in contract services, he will not be allowed to leave the country, where he works, the 1st respondent is directed to consider the application of the petitioner for renewal of the passport and pass appropriate orders as early as possible. It is made clear that mere pendency of the criminal case may not be a bar to renew the passport.

4.With the above direction, this Writ Petition is disposed of. No costs.

19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.Ministry of External Affairs, Rep. by its Branch Secretary, Chennai Branch, 68, College Road, E.V.K.Sampath Maaligai, 7th Floor, Nungambakkam, Chennai-600 006.

2.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Trichirappalli-620 018.

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N.SATHISH KUMAR, J.

Yuva 3.The Inspector of Police, Vadakadu Police Station, Pudukkottai District.

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