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Madras High CourtWP(MD)/28573/2024dismissed

Marimuthu v. The Regional Passport Officer

2025-01-06Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Marimuthu ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirappalli - 620 018.

2. The Passport Seva Kendra Officer (Trichy), Plot No.A-5, Salai Road, Shastri Road Junction, Thillai Nagar, Thiruchirappalli - 620 001.

3. The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

4. The Inspector of Police, Thirumayam Police Station, Pudukottai District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents No.1 and 2 to issue passport to the petitioner basis of the petitioner's application File No.TR2066764153924 by considering the petitioner's representation dated 13.11.2024 within the time stipulated by this Court. For Petitioner : M/s.A.Banumathy For R-1 : M/s.S.Deepa Central Government Standing Counsel For R-3 & R-4 : Mr.K.Gnanasekaran Government Advocate (Crl. side)

ORDER

The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to direct the respondents No.1 and 2 to issue passport to the petitioner basis of the petitioner's application File No.TR2066764153924 by considering the petitioner's representation dated 13.11.2024 within the time stipulated by this Court"

2. Heard the learned counsels on either sides and carefully perused the materials available on record.

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3. When the matter came up for hearing, the learned Counsel appearing for the first respondent would submit that the nature of offence involved by the petitioner is henious and he is manufacturing arms illegally.

4. The third and fourth respondents had filed their respective counters. The third respondent in his counter has stated that the case in Crime No.819 of 2020 for the offence under Section 25(1B)(a) of Arms Act, 1959, was registered on 03.10.2020 as against the petitioner and a final report has also been filed in this regard before the learned Judicial Magistrate No.I, Pudukkottai and the same is yet to be taken on file.

5. The case of the third respondent is that the petitioner had indulged in manufacturing of country gun with the help of Youtube.

6. The learned Government Advocate appearing for the respondents No.3 and 4 categorically submitted that yet another criminal case in Crime No.53 of 2022 has also been registered as against the petitioner for the offence under Section 25(1B)(a) of Arms Act, 1959, and 506(2) of IPC, by the fourth respondent and already a final report has also been filed before the learned 3/6

Judicial Magistrate, Thirumayam on 27.11.2024.

7. Considering the henious nature of the offence involved by the petitioner, this Court is not inclined to allow this writ petition. Recording the fact that the security of Nation is more important than the future of the petitioner, I find it necessary to dismiss the Writ Petition.

8. Accordingly, this Writ Petition stands dismissed. No costs. 06.01.2025 NCC : Yes / No Index : Yes / No jbr 4/6

To

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirappalli - 620 018.

2. The Passport Seva Kendra Officer (Trichy), Plot No.A-5, Salai Road, Shastri Road Junction, Thillai Nagar, Thiruchirappalli - 620 001.

3. The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

4. The Inspector of Police, Thirumayam Police Station, Pudukottai District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 06.01.2025 6/6