Selva Anand .S v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023 PRESENT THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD) No.26542 of 2023 S.Selva Anand ... Petitioner vs.

1.The Regional Passport Officer, Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Assistant Passport Officer, Passport Seva Kendra, Tirunelveli.

3.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to accept the petitioner's application afresh under File No.MD2071570890318 and issue the fresh passport with a time stipulated by this Court. 1/5

For Petitioner : Mr.F.Deepak For Respondents : Mr.P.Sundaravadivel for R1 Mr.K.Govindarajan for R2 Mr.A.Albert James Government Advocate (Crl.side) for R3

ORDER

Heard both sides.

2.The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has since been charge sheeted and it has been taken on file in S.C No. 251 of 2022 on the file of the Sub Court, Kuzhithurai. 2/5

4.The petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if she is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 205 of Cr.P.C by executing a special vakalat.

5.Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer who shall dispose of the petitionmentioned application in terms of the said order. 6.This writ petition is disposed of accordingly. No costs. 22.11.2023 Index : Yes / No Internet : Yes/ No skm 3/5

To 1.The Regional Passport Officer, Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Assistant Passport Officer, Passport Seva Kendra, Tirunelveli.

3.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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G.R.SWAMINATHAN, J.

SKM WP(MD) No.26542 of 2023 22.11.2023 5/5