Indira v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Indira ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Koodal Pudhur Police Station, Madurai City.
3.The Inspector of Police, Alanganallur Police Station ... Respondents (R3 is suo motu impleaded vide Court order dated 04.11.2024, in W.P.(MD)No.25210 of 2024) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned clarification under Letter Ref.No.SCN/317238709/24, dated 02.03.2024, issued by the 1st respondent and to quash the same as unwarranted and unlawful and further to direct the 1st respondent to issue passport under File No.MD1066281005724 to the petitioner.
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For Petitioner : Mr.M.Thiyagarajan For 1st Respondent : Mr.K.Kuttalanthan Central Government Standing Counsel For Respondents 2 & 3 : Mr.Gnanasekaran, Government Advocate (Crl.)
ORDER
The prayer in the Writ Petition reads as follows:- "To issue a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned clarification under Letter Ref.No.SCN/317238709/24, dated 02.03.2024, issued by the 1st respondent and to quash the same as unwarranted and unlawful and further to direct the 1st respondent to issue passport under File No.MD1066281005724 to the petitioner."
2.The petitioner has made an application to the first respondent, seeking re-issuance of passport and the same was taken on file in MD1066281005724. While so, on receipt of adverse police verification report, the 1st respondent vide impugned communication dated 02.03.2024, required clarification from the petitioner. Challenging the same, the Writ Petition came to be filed.
3.When the matter was taken up for hearing, the learned Government Advocate (Crl.) for the respondents 2 and 3 on instructions would submit that a Crime No.144 of 2013 under Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Act and Section 506(i) of IPC, has been registered as against the petitioner and the same has 2/6
culminated in filing of the final report before the learned Judicial Magistrate No.IV, Madurai and subsequently, the same has been transferred to the learned Judicial Magistrate, Vadipatti on 09.01.2017 and the same has not taken on the file of the concerned Judicial Magistrate so far.
4.Heard the learned counsel appearing for the petitioner, the learned Central Government Standing Counsel for the 1st respondent, the learned Government Advocate (Crl.) for the 2nd respondent and carefully perused the entire materials available on record. 5.In Writ Appeal No.902 of 2023 (The Regional Passport Officer Vs Samsudeen Mohamed Salih & Another) dated 02.06.2023, the Hon'ble Division Bench of this Court has observed that a person cannot travel abroad without the permission of the Court where the criminal case is pending and the same would not be an impediment for the passport authority to consider the application for renewal of the passport. No doubt, if a person has to travel abroad and a criminal case is pending, then unless the Magistrate or Sessions Court where the criminal case is pending permits the person to travel abroad, he cannot travel abroad. The relevant portion is extracted here under: "The writ appellant shall process the application of the first respondent for renewal of passport without insisting for 3/6
permission of the Court, where a criminal case is pending against the first respondent. If the first respondent is travelling abroad, then the first respondent would be required to seek permission from the Court where the criminal case is pending."
The said case also relates to renewal of passport. In the instant case, the application of the petitioner is for issuance of passport. 6.In view of the aforesaid observation, this Court hereby direct the first respondent to process the application of the petitioner for issuance of passport without insisting for permission of the Court where the criminal case is pending against the petitioner. However, it is needless to state that if the petitioner is travelling abroad, then the petitioner would be required to seek permission from the Court where the criminal case is pending.
7.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.
12.11.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn 4/6
To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Koodal Pudhur Police Station, Madurai City.
3.The Inspector of Police, Alanganallur Police Station, Madurai.
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L.VICTORIA GOWRI, J.
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