K.Kaleeshwaran v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.25858 of 2024 K.Kaleeshwaran ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.
2.The Superintendent of Police, District Collector Office, Ramanathapuram 623 503.
3.The Superintendent of Police, District Collector Office, Sivaganga 630 561.
4.The Inspector of Police, Mudukulthur Police Station, Mudukulthur 623 704.
5.The Inspector of Police, District Crime Branch, Sivaganga 630 561.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first Page No.1/4
respondent to renew the passport of the petitioner vide application No.MD1076977514524 dated 27.09.2024 on the basis of the petitioner's representation dated 17.10.2024.
For Petitioner : Mr.K.Gandhiammal For Respondents : Mr.S.Pon Senthil Kumaran (for R1) Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) for R2 to R5
ORDER
Heard both sides.
2.The petitioner seeks renewal of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed.
3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has since been charge sheeted and it has been taken on file in C.C.No.73 of 2014 on the file of learned Chief Judicial Magistrate No.II, Sivagangai.
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4. The petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 205 of Cr.P.
C by executing a special vakalat. 5.Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer who shall dispose of the petition-mentioned application in terms of the said order. 7.This writ petition is disposed of accordingly. No costs. 29.10.
Yes / No NCC : Yes / No Rmk Page No.3/4
N.SATHISH KUMAR , J.
Rmk To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.
2.The Superintendent of Police, District Collector Office, Ramanathapuram 623 503.
3.The Superintendent of Police, District Collector Office, Sivaganga 630 561.
4.The Inspector of Police, Mudukulthur Police Station, Mudukulthur 623 704.
5.The Inspector of Police, District Crime Branch, Sivaganga 630 561.
W.P.(MD)No.25858 of 2024 29.10.2024 Page No.4/4