Ravikumar v. The Regional Passport Officer

1 W.P.(MD)NO.27825 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27825 of 2022 Ravikumar ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirappalli - 620 008.

2. The Inspector of Police, Pattukkottai Town Police Station, 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 considering his passport application in file number TR1074759630522 dated 23.11.2022.

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

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

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2 W.P.(MD)NO.27825 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner applied for issuance of passport. Apprehending that in view of the pendency of the criminal case his application will not be processed, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the second respondent submitted that final report had already been filed in Crime No.745 of 2022 on the file of the Judicial Magistrate, Pattukottai.

4. The learned Judicial Magistrate, Pattukkottai, is directed to take a call regarding taking cognizance within a period of ten days from the date of receipt of a copy of this order. Based on the decision of the jurisdictional trial Magistrate, the petitioner can decide his next course of action. If cognizance is not taken, the petitioner is directed to file a 2/5

3 W.P.(MD)NO.27825 OF 2022 fresh application for issuance of passport. If cognizance is not taken by the learned trial Magistrate, the first respondent shall obtain verification 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 move the jurisdictional trial Magistrate for relief. If any miscellaneous petition is filed, the same will be disposed of on merits and in accordance with law within a period of three weeks thereafter.

5. With this liberty to the petitioner and the direction to the learned Judicial Magistrate, Pattukottai, this writ petition stands disposed of. No costs.

16.12.2022 Index : Yes / No Internet : Yes/ No PMU Note : Registry to mark a copy of this order to the learned Judicial Magistrate, Pattukottai.

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4 W.P.(MD)NO.27825 OF 2022 To:

1. The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirappalli - 620 008.

2. The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

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5 W.P.(MD)NO.27825 OF 2022 G.R.SWAMINATHAN,J.

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