Madras High CourtWP(MD)/26654/2023disposed of

Jeyakumar v. The Passport Officer

2023-11-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD) No.26654 of 2023 Jeyakumar ... Petitioner vs.

1.The Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.

2.The Deputy Superintendent of Police, 'Q' Branch CID Police, Madurai Range, Madurai City.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first respondent to return back the petitioner's seized passport vide passport No.P1635401 and further direct the second respondent to send the enquiry report to the first respondent's office for the case in Crime No.1 of 2019, which is the reason for impounding of the petitioner's passport, by considering the petitioner's representation dated 14.10.2023.

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For Petitioner : Mr.S.M.A.Jonnah For Respondents : Mr.K.Govindarajan, Deputy Solicitor General of India for R1 Mr.A.Albert James Government Advocate (Crl.side) for R2

ORDER

Heard both sides.

2.The petitioner's passport was seized by the Q Branch. It is stated that the petitioner had fraudulently obtained change of category from ECR to ECNR. The second respondent has already given a report to the first respondent. The first respondent shall hold an enquiry in this regard and take a call in the matter. It is further stated that the impounded passport has been handed over to the jurisdictional criminal court. The petitioner can apply to the jurisdictional criminal court under Section 451 of Cr.PC and get relief. The jurisdictional criminal court will of course hear the Regional Passport Officer before passing final order.

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3.This writ petition is disposed of accordingly. No costs. 22.11.2023 Index : Yes / No Internet : Yes/ No skm To 1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

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G.R.SWAMINATHAN, J.

SKM WP(MD) No.26654 of 2023 22.11.2023 4/4