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Madras High CourtWP(MD)/27560/2022allowed

Manoj Prabahar V v. The Regional Passport Officer

2022-12-13Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.27560 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27560 of 2022 and W.M.P.(MD)Nos.21661 & 21662 of 2022 V.Manoj Prabahar ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli 620 018

2. The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records in pertinent to the impugned show cause notice issued by the 1st respondent dated 17.10.2022 and quash the same.

For Petitioner : Mr.V.Muthukamatchi For R-1 : Mr.V.Malaiyendran, Central Government Standing Counsel.

For R-2 : R.Sivakumar, Government Advocate(Crl. Side).

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2 W.P.(MD)NO.27560 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner is a holder of Indian passport. It was issued on 15.11.2012. The petitioner has now been issued with the impugned show cause notice calling upon him to explain as to why action should not be taken to impound the passport. The first respondent had proceeded on the premise that the petitioner had suppressed the pendency of Crime No.1826 of 2020 registered on the file of Muthupettai police station against him.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) clarified that the said criminal case was dropped in respect of the petitioner. In other words, the petitioner is no longer figuring in the list of accused.

4. In these circumstances, there is no need to continue the impugned proceedings. The impugned show 2/4

3 W.P.(MD)NO.27560 OF 2022 cause notice is quashed. Therefore, the first respondent is directed to issue passport to the petitioner subject to fulfilment of the other usual formalities.

5.The writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 13.12.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli 620 018

2. The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

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4 W.P.(MD)NO.27560 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.27560 of 2022 13.12.2022 4/4