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Madras High CourtWP(MD)/25992/2023allowed

Veeramani.V v. The Regional Passport Officer

2023-10-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Veeramani ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to reissue the petitioner's passport by processing petitioner's application in file No.MD1075799671323, dated 20.09.2023 pending on the file of the office of the first respondent within the time stipulated by this Court.

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For Petitioner : Mr.R.Murugapoopathy For R1 : Mr.P.Sundaravadivel Central Government Standing Counsel For R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioner, the learned Central Government Standing Counsel appearing for the first respondent and the learned Additional Public Prosecutor appearing for the second respondent.

2. The petitioner was holding an Indian passport. Its validity of expired. He wants the same to be reissued by the first respondent.

3. The learned Additional Public Prosecutor points out that the case against the petitioner has been charge sheeted and taken on file in C.C.No.452 of 2023 before the Additional Mahila Court, Madurai. As rightly pointed out by the learned Additional Public Prosecutor, in such circumstances, the petitioner has to necessarily move the jurisdictional Criminal Court.

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4. I, therefore, dispose of the writ petition by permitting the petitioner to move the Additional Mahila Court, Madurai.

5. The learned counsel for the petitioner points out that the petitioner is aged about 75 years, he has to attend the wedding at Malaysia, they had already prearranged the travel arrangements. The petitioner roots in the society. The petitioner is not going to abscond.

6. Therefore, the Additional Mahila Court, Madurai is directed to allow the miscellaneous petition to be filed by the petitioner herein. It is open to the Additional Mahila Court, Madurai to stipulate appropriate conditions including restricting the period of validity of passport.

7. The Writ Petition is allowed on these terms. No costs. 26.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No sji Note: Issue order copy on 31.10.2023.

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G.R.SWAMINATHAN, J.

sji To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai.

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