Madras High CourtWP(MD)/25686/2024disposed of

Anbarasu v. The Regional Passport Officer

2024-10-25Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Anbarasu ... Petitioner -vs1.The Regional Passport Officer Regional Passport Office Bharathi Ula Veethi Race Course Road Madurai-625 002 2.The Passport Officer Melakkal Main Road Kochadai, Madurai-625 016 3.The Inspector of Police Ponnamaravathy Police Station (in Crime No.57 of 2024) Pudukkottai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to issue passport to the petitioner based on his file No.MD1067002158524 dated 07.10.2024 within the stipulated time limit as fixed by this Court.

For Petitioner :

Mr.Na.Palaniyandi For Respondents :

Mr.S.Muthukumar Central Govt. Standing Counsel for R1 & R2 Mr.Vaikkam Karunanithi Government Advocate (Criminal Side) for R3

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the first respondent to issue passport in favour of the petitioner based on his application dated 07.10.2024, within a time frame to be fixed by this Court.

2. Mr.S.Muthukumar, learned Central Government Standing Counsel, accepts notice on behalf of the respondents 1 & 2 and Mr.Vaikkam Karunanithi, learned Government Advocate (Criminal Side) accepts notice on behalf of the third respondent.

3. As seen from the affidavit filed in support of this writ petition, a first information report is pending against the petitioner. Only due to the same, passport has not been issued to the petitioner.

4. It is settled law that pendency of first information report will not prohibit the first respondent from issuing passport to the petitioner. If the respondents are satisfied with the explanation submitted by the petitioner with regard to the pendency of the first information report against him, they are empowered to issue passport in his favour.

5. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's passport application dated 07.10.2024, after giving due consideration to the explanation submitted by the petitioner with regard to the first information report pending against him and decide as to whether the petitioner is entitled for the passport or not. If the petitioner is found to be entitled for the passport, the first respondent is directed to dispose of the petitioner's application one way or the other, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion on the nature of the first information report pending against the petitioner.

6. With the above directions, this writ petition is disposed of. No costs.

25.10.2024 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

2.The Passport Officer, Melakkal Main Road, Kochadai, Madurai-625 016.

3.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

ABDUL QUDDHOSE, J.

krk 25.10.2024 (2/2)