Jayakumar v. The Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Jayakumar ... Petitioner Vs.
1.The Passport Officer , Regional Passport Office, New Municipal Complex, Thillai Nagar, 7th Cross, Trichy - 620 018.
2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.
3.The Inspector of Police, Arugampakkam Police Station, Chennai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to re-issue a passport to the petitioner based on his application No. TR2077025956124 dated 15.10.2024 within the time stipulated by this Court. 1/6
For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.K.Shankararaman (R1) Standing Counsel Ms.M.Aasha (R2 & R3) Government Advocate
ORDER
Mr.K.Shankararaman, learned Standing Counsel takes notice for the first respondent. Ms.M.Aasha, learned Government Advocate takes notice for the second and third respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the first respondent to re-issue the passport to the petitioner based on his application No. TR2077025956124 dated 15.10.2024 within the time stipulated by this Court"
3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.
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4. The petitioner applied for issuance of passport vide his application in TR2077025956124 on 15.10.2024. On receipt of the same, the first respondent issued a letter dated 05.11.2024 directing him to appear before the authority seeking explanation about the cases registered against him in Crime No.88 of 2023 on the file of the 2nd respondent police and in Crime No.1524 of 2012 on the file of the 3rd respondent police. Hence, the petitioner filed this writ petition seeking for the aforesaid relief.
5. It is a settled proposition of law that a mere pendency of FIR cannot be a bar for consideration of claim for issuance of passport. This Court in the case of W.Jaihar William Vs State of Tamil Nadu reported in 2014 (2) CWC 684 has held that mere pendency of FIR cannot be construed as pendency of criminal proceedings, unless Judicial Magistrate takes cognizance of offence, on filing of charge sheet on completion of investigation against the accused. Right to travel abroad is a fundamental right.
6. In view of the same, the first respondent is hereby directed to consider the application of the petitioner to re-issue his passport without reference to the FIRs lodged against him, if he is otherwise eligible for the same. The first respondent shall comply with the said direction on merits and in accordance 3/6
with law within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs.
15.11.2024 NCC : Yes / No Index : Yes / No Sm 4/6
TO:- 1.The Passport Officer , Regional Passport Office, New Municipal Complex, Thillai Nagar, 7th Cross, Trichy - 620 018.
2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.
3.The Inspector of Police, Arugampakkam Police Station, Chennai District.
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L.VICTORIA GOWRI, J.
Sm Order made in Dated 15.11.2024 6/6