Madras High CourtWP(MD)/28012/2022allowed

Jerson Xavier v. The Regional Passport Officer

2022-12-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jerson Xavier ... Petitioner Vs 1.The Regional Passport Officer, O/o. The Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

3.The Sub-Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Show Cause Notice in Letter Ref no. SCN/313335233/22 dated 16.09.2022 issued by the first respondent and quash the same as illegal and consequently directing the first respondent to issue Passport to the petitioner.

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For Petitioner : Mr.J.David Ganesan For Respondents : Mrs.L.Victoria Gowri Assistant Solicitor General of India for R.1 Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.2 & R.3

ORDER

Heard the learned counsel on either side.

2. The petitioner is a holder of an Indian passport. He has been issued with the impugned communication dated 16.09.2022 called upon the petitioner to explain as to why he had suppressed material facts. It appears that the petitioner was shown as involved in Crime No.114 of 2022 on the file of Thattarmadam Police Station.

3. When the matter was taken up for today, the learned Government Advocate (Criminal Side) appearing for the jurisdictional Police inform the Court that final report has since been filed and it has been closed as 'Mistake of Fact'. In view of the subsequent development and in the interest of justice, the impugned communication is quashed. The first respondent is directed to issue passport to the petitioner subject to the fulfilment of other usual formalities. 2/4

4. This writ petition is allowed. There shall be no order as to costs. 22.12.2022 Index : Yes / No Internet : Yes/ No MGA To 1.The Regional Passport Officer, O/o. The Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

3.The Sub-Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA 22.12.2022 4/4