Berjin Beno Alex v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Berjin Beno Alex ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The State rep. By The Inspector of Police, Karungal Police Station, Kanyakumari District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to issue the passport to the petitioner, based on the petitioner's application No.MD2076763509924 dated 19.07.2024, on the basis of the petitioner's representation dated 20.08.2024.
For Petitioner : Mr.G.Ramanathan For 1st Respondent : Mr.K.Maharajan Central Government Standing Counsel For 2nd Respondent : Mr.K.Gnanasekaran Government Advocate (Crl) 1/5
ORDER
The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the 1st respondent to issue the passport to the petitioner, based on the petitioner's application No.MD2076763509924 dated 19.07.2024, on the basis of the petitioner's representation dated 20.08.2024."
2.The petitioner is the holder of passport No.M2642314 and it expired on 29.09.2024. The petitioner has made an application to the first respondent, seeking re-issuance of passport and the same was taken on file in MD2076763509924. While so, on receipt of adverse police verification report, the 1st respondent had issued a letter dated 06.08.2024, required an explanation from the petitioner. Thereafter, he sent a representation to the 1st respondent on 20.08.2024. However, the same was not considered. Hence, the Writ Petition came to be filed. 3.The learned Government Advocate (Crl.) appearing for the 3rd respondent on instructions would submit that Crime No.294 of 2021 culminated in laying a charge sheet on the file of the learned Judicial Magistrate, Eraniel. However, the same has not been taken on file of the said Court.
4.Heard the learned counsel appearing for the petitioner, the 2/5
learned Central Government Standing Counsel for the 1st respondent, the learned Government Advocate appearing for the 2nd respondent and carefully perused the entire materials available on record. 5.The petitioner is given liberty to move the learned Judicial Magistrate Court, Eraniel, 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 he is denied the right to go abroad. Therefore, the learned 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 learned 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 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat.
6.Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer who shall dispose of the petition~mentioned application in terms of the said order.
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7.This Writ Petition is allowed on these terms. There shall be no order as to costs.
28.11.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Karungal Police Station, Kanyakumari District.
Copy To The Judicial Magistrate, Eraniel.
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L.VICTORIA GOWRI, J.
Mrn 28.11.2024 5/5