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Madras High CourtWP(MD)/12619/2017disposed of

Sha Hussain v. The Passport Officer

2023-06-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sha Hussain ... Petitioner Vs 1.The Passport Officer, Passport Officer, Kochadai, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, B5-South Gate Police Station, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, directing respondent No.1 to issue passport to the petitioner.

For petitioner : No representation For Respondent : Mr.K.Asok Kumar Ram No.1 For Respondent : Mr.M.Sarangan, Nos.2 and 3 Additional Government Pleader 1/4

ORDER

This writ petition has been filed for a writ of mandamus directing the respondents to issue passport to the petitioner.

2.There is no representation for the petitioner. The 1st respondent has not filed any counter. 3.The learned Additional Government Pleader appearing for the 2nd and 3rd respondents submits that a criminal case was registered as against this petition in Crime No.829 of 2016 by the Thilagarthidal Police Station for the offence under Sections 143 and 188 of IPC on 23.07.2016 and charge sheet was also filed in STC No.55 of 2017 before the learned Judicial Magistrate No.II, Madurai. Subsequent to the decision taken by the State Government all such cases registered by the Police have been withdrawn by the prosecution on 04.03.2020.

4.Considering the submission of the learned Additional Government Pleader that the government has withdrawn all 2/4

the similar cases, this writ petition is disposed of with liberty to the petitioner to submit a fresh application seeking passport within a period of four weeks from the date of receipt of a copy of this order and on receipt of such an application, the 1st respondent shall consider the same and pass orders on merits and in accordance with law within a period of twelve weeks therefrom.

5.This writ petition is disposed of in the above terms. No costs.

21.06.2023 dsk To 1.The Passport Officer, Passport Officer, Kochadai, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, B5-South Gate Police Station, Madurai.

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B.PUGALENDHI, J.

dsk 21.06.2023 4/4