Mani Senthil. M v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Mani senthil ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport, Tiruchirapalli.

2.The Inspector of Police, Kumbakonam East Police Station, Thanjavur 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 issue passport to the petitioner by considering his application dated 08.12.2022 in file No. TR 1074851162722 within the time limit stipulated by this Court. For Petitioner : Mr.A.Mohamed Hasim For Respondents : Mr.K.Maharajan Central Government Standing Counsel for R.1 Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.2 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks issuance of passport. The second respondent has filed a counter affidavit indicating that the petitioner has been involved in as many as seven cases. Out of seven only one case was referred as "Action dropped". Only one case has been taken on file in P.R.C.No.205 of 2019 on the file of Judicial Magistrate No-II, Trichy. In all the remaining cases final report has been filed.

3. From a reading of the materials on record, I come to the conclusion that the cases against the petitioner are broadly political in nature. One case in Crime No.267 of 2019 appears to be slightly of a different colour. Taking a cue from what transpired in the Court, the learned counsel appearing for the petitioner took a passover and thereafter filed affidavit stating that the petitioner will personally meet the defacto complainant Megaram and apologise to him in person. He had also stated that the said complainant had compromised the matter with him. The petitioner has been invited as chief guest to attend Pongal festival at Kuwait. He is a practising lawyer. He is also an office bearer of Naam Thamizhar Katchi.

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4. In these circumstances, I am of the view that the petitioner can be granted relief before this Court itself. The first respondent is directed to issue passport to the petitioner subject to fulfilment of the other usual formalities forthwith and without any delay so that the petitioner can attend the Pongal festival at Kuwait. This writ petition is allowed on these terms. There shall be no order as to costs.

23.12.2022 Index : Yes / No Internet : Yes/ No mga Note: Issue Order Copy on 03.01.2023.

To 1.The Regional Passport Officer, Regional Passport, Tiruchirapalli.

2.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

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G.R.SWAMINATHAN, J.

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