Madras High CourtWP(MD)/25673/2019disposed of

K. Deeban v. The Passport Officer

2019-12-03Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.25673 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.25673 of 2019 K.Deeban ... Petitioner Vs.

1.The Passport Officer, Regional Passport Office, Trichy.

2.The Inspector of Police, All Women Police Station, Musiri, Trichi District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to renew the petitioner's passport in File No.TR2072360230119, within a stipulated time framed by this Honourable Court based on the representation dated 16.11.2019.

For Petitioner : Mr.J.Ayyam Bose For R-1 : Mr.V.Kathirvelu, Assistant Solicitor General of India, assisted by Mr.B.Narayanan Central Government Standing Counsel For R-2 : Mr.M.Pandiarajan, Additional Government Pleader

ORDER

Mr.V.Kathirvelu, learned Assistant Solicitor General of India, assisted by Mr.B.Narayanan, learned Central Government Standing Counsel, takes notice for the first respondent and Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the second respondent.

2. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus seeking a direction to the first respondent to renew his passport.

4. In paragraph Nos.3 and 4 of the affidavit filed in support of this writ petition, it is stated that an F.I.R was registered by the second respondent in Crime No.1 of 2018 for the offence under https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.25673 of 2019 Section 498(A) of I.P.C and Section 3 of Dowry Prohibition Act, 1961 and further, a charge sheet was also filed. The matter is now pending before the learned Judicial Magistrate, Thuraiyur in C.C.No.14 of 2019. Therefore, this Court is of the view that when the charge sheet is filed and the calendar case is pending before the Court below, it is open to the petitioner to approach the concerned Court and get appropriate orders with respect to the relief sought for herein. Once permission is granted by the Court concerned, it is open to the petitioner to produce the same before the first respondent and the first respondent is to consider the same and issue a renewed passport if everything is otherwise in order.

With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) pm To:

1.The Passport Officer, Regional Passport Office, Trichy.

2.The Inspector of Police, All Women Police Station, Musiri, Trichi District.

+1 CC to SPL GP ( SR-103265[F] dated 04/12/2019 ) +1 CC to Mr.AIYYAM BOSE, Advocate ( SR-103381[F] dated 04/12/2019 ) W.P(MD)No.25673 of 2019 03.12.2019 MK (26.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2