Madras High CourtWP(MD)/29029/2022allowed

Dinesh v. The Regional Passport Officer

2023-01-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dinesh ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Manamadurai Police Station, Sivaganga 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 a passport and to issue the police clearance certificate to the petitioner by considering the his application in File No. MD1064528427122 dated 25.08.2022 within a stipulated time fixed by this Court. For Petitioner : Mr.V.Manikandan For Respondents : Mrs.L.Victoria Gowri Deputy Solicitor General of India for R.1 1/4

Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.2

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Deputy Solicitor General of India appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the second respondent.

2. The petitioner seeks issuance of passport. He had already submitted the petition mentioned application. It is not in dispute that the case pending against the petitioner is only at FIR stage. There cannot be any impediment to process the petitioner's application.

3. The petitioner is directed to file an affidavit before the second respondent clearly mentioning his address for service. His e-mail ID shall also be mentioned. The petitioner shall also give an undertaking to the second respondent that he will be available to face the trial as and when any summon is issued. The first respondent is directed to process the petition mentioned application and issue passport to the petitioner subject to fulfilment of the usual formalities.

2/4

4. This Writ Petition is allowed. There shall be no order as to costs. 06.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA Note: Issue Order Copy on 11.01.2023.

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

2.The Inspector of Police, Manamadurai Police Station, Sivaganga District.

3/4

G.R.SWAMINATHAN, J.

MGA 06.01.2023 4/4