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Madras High CourtWP(MD)/28249/2022allowed

Abdul Kathar v. The 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 Abdul Kathar ... Petitioner Vs 1.The Passport Office, Regional Passport Office, Trichy District.

2.The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3.The Inspector of Police, Airport Police Station, Trichy District.

4.The Inspector of Police, Ghandhi Market Police Station, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 10.12.2022. 1/4

For Petitioner : Mr.S.M.A.Jinnah 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 to R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Assistant Solicitor General of India appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the respondents 2 to 4.

1. The writ petitioner submitted an application to the first respondent seeking reissuance of passport. Since a criminal case has been registered against the petitioner, his application is not being processed. The respondent police clarifies before this Court that the case registered against the writ petitioner is pending only at the FIR stage. Therefore, there is no impediment for processing the petition mentioned application. The first respondent is directed to process the petition mentioned application and issue passport to the petitioner subject to fulfilment of the usual formalities.

2.

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3.The writ petition is allowed accordingly. No costs. 22.12.2022 Index : Yes / No Internet : Yes/ No MGA To 1.The Passport Office, Regional Passport Office, Trichy District.

2.The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3.The Inspector of Police, Airport Police Station, Trichy District.

4.The Inspector of Police, Ghandhi Market Police Station, Trichy District.

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G.R.SWAMINATHAN, J.

MGA 22.12.2022 4/4