Anithadevi v. The Joint Secretary (Cpv)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Anithadevi ... Petitioner Vs.

1.The Joint Secretary (CPV), CPV Division Ministry of External Affairs, Room No.29, Patiala House Annex, Tilak Marg, New Delhi - 110 001.

2.The Public Grievance Officer, RSP Division Ministry of External Affairs, Room No.29, Patiala House Annex, Tilak Marg, New Delhi - 110 001.

3.The Regional Passport Officer, Regional Passport Office, W4VRt 768 Bharathi Ula Veethi, Thamarai Thooti Bus Stop, Race Course Road, Madurai - 625 002.

4.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to renew the petitioner's Sister's Passport No.V9347124 based on her Representation dated 24.05.2023.

For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.G.Thalaimutharasu, Standing Counsel for R1 to R3.

Mr.Albert James, Govt. Advocate (Crl. Side) for R4.

ORDER

Heard both sides.

2.The petitioner seeks renewal of passport. She is facing trial in C.C.No.342 of 2022 on the file of the learned Judicial Magistrate, Manamadurai. The petitioner is presently at Singapore. Non Bailable Warrant has been issued against the petitioner. Unless the petitioner's passport is renewed, she cannot come down to India and face trial. Therefore, the usual direction that is passed in similar cases will not help. The petitioner is permitted to appear before Indian Embassy at Singapore. Her passport shall be renewed for a period of one year. The petitioner has to give an undertaking 2/4

before Indian Embassy at Singapore that she will come down to India and obtain suitable orders from the trial Magistrate. After the petitioner lands in India, she will appear before the trial Magistrate and surrender the passport. The petitioner's right to seek renewal beyond one year and also to get back the passport will depend upon the order to be passed by the learned trial Magistrate. As an when the petitioner files an miscellaneous petition, the same shall be disposed of as expeditiously as possible by the learned trial Magistrate. 3.This writ petition is allowed on these terms. No costs. 13.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

Copy to:- The Judicial Magistrate, Manamadurai.

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G.R.SWAMINATHAN, J.

ias 13.03.2024 4/4