Madras High CourtWP(MD)/25506/2024disposed of

Sahubar Samsudin v. The Regional Passport Officer

2024-10-24Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.21639 of 2024 Sahubar Samsudin ... Petitioner Vs.

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

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

... 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 pertaining to the 1st respondent order dated 07.08.2024 in File No.MD1076027436123 and quash the same as illegal and consequently, to direct the 1st respondent to reissue the passport in File No.MD1076027436123. For Petitioner : Mr.R.Paranjothi, for M/s.KBS Law Office 1/4

For R1 : Mr.K.Maharajan, Standing Counsel For R2 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

ORDER

Heard both sides.

2.The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. However, the 1st respondent, vide letter dated 07.08.2024, issued a communication, stating that his file has been closed. Therefore, challenging the same, the petitioner has filed this Writ Petition.

3.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the 2nd respondent would submit that the case registered against the petitioner is pending at FIR stage. 4.It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief. Therefore, the petitioner is directed to submit a fresh application along with 2/4

explanation before the 1st respondent. On receipt of the same, the 1st respondent is directed to consider the same and if it is otherwise in order issue passport to the petitioner.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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N.SATHISH KUMAR, J Yuva 24.10.2024 4/4