Madras High CourtWP(MD)/27704/2022disposed of

Asik @ Mohamed Asik v. The Regional Passport Officer

2022-12-15Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.27704 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27704 of 2022 Asik @ Mohamed Asik ... Petitioner Vs.

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

2. The Inspector of Police, Adirampattinam police station, Adirampattinam, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue passport to the petitioner by processing his application in File No.TR1063297533321 based on the explanation / representation dated 10.10.2022 within a time limit stipulated by this Court.

For Petitioner : Mr.B.Anandan For R-1 : Mr.K.Manikandan, Central Government Standing Counsel.

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

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2 W.P.(MD)NO.27704 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner had submitted an application for issuance of passport. Since it was not considered, the petitioner has filed the present writ petition.

3. It is stated that as against the petitioner, Crime No.228 of 2018 was registered on the file of Adiramapattinam police station. It is stated by the learned Government Advocate(Crl. Side) appearing for the second respondent that final report was filed before the Judicial Magistrate, Pattukkottai.

4. The learned Judicial Magistrate, Pattukottai, is directed to take a call regarding taking cognizance within a period of seven days from the date of receipt of a copy of this order. If cognizance is not taken in the meanwhile, the petitioner is directed to file a fresh application for issuance of passport. If cognizance is not taken by the learned trial Magistrate, the first respondent shall obtain verification 2/4

3 W.P.(MD)NO.27704 OF 2022 report from the second respondent in this regard and issue passport to the petitioner subject to the fulfilment of the other usual formalities. If cognizance is taken, the petitioner has to necessarily file a miscellaneous petition before the Judicial Magistrate, Pattukottai. Once such a miscellaneous petition is filed, it will be disposed of on merits and in accordance with law within a period of three weeks thereafter.

5. With this direction, this writ petition stands disposed of. No costs.

15.12.2022 Index : Yes / No Internet : Yes/ No PMU Note : Registry is directed to issue a copy of this order to the Judicial Magistrate, Pattukottai. To:

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

2. The Inspector of Police, Adirampattinam police station, Adirampattinam, Thanjavur District.

G.R.SWAMINATHAN,J.

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