Asma Begam v. The Regional Passport Authority

1 W.P.(MD)NO.29180 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29180 of 2023 Asma Begam ... Petitioner Vs.

1. The Regional Passport Authority, Passport Office, Bharathi Ula Street, K.Pudur, Madurai.

2. The Assistant Passport Authority, Passport Office, Bharathi Ula Street, K.Pudur, Madurai.

3. The Inspector of Police cum Investigation Officer, Illicit Granite Quarry Cases, Melur Circle, Madurai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents Nos.1 and 2 to re-issue passport to the petitioner with the validity of ten years on the basis of her application submitted vide File No.MD1075551821523 dated 10.07.2023 forthwith.

For Petitioner : Mr.R.Anand For R-1 & R-2 : Mr.G.Thalaimutharasu For R-3 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard both sides.

2.The petitioner is facing criminal prosecution in connection with illicit quarrying of granite. It is admitted by the petitioner that as many as three cases were registered against the petitioner. Two cases are pending at the committal stage and one case alone has been committed to Special Court. The petitioner seeks re-issuance of passport. 3.The petitioner gives an undertaking that she will file an appropriate application before the learned Judicial Magistrate, Melur as well as Special Court giving an undertaking to make proper arrangements so that the prosecution launched against her will not be stalled on account of her absence from India.

4.Recording this undertaking, I direct the first respondent to renew the petitioner's passport for a further period of ten years. The petitioner's passport will be renewed based on the petitioner furnishing proof before the first respondent that he had filed an appropriate application before the learned Judicial Magistrate, Melur as well as the Special 2/4

3 W.P.(MD)NO.29180 OF 2023 Court. If the petitioner fails to adhere to the undertaking, consequences will follow.

5.With this direction, this writ petition is allowed. No costs.

18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Regional Passport Authority, Passport Office, Bharathi Ula Street, K.Pudur, Madurai.

2. The Assistant Passport Authority, Passport Office, Bharathi Ula Street, K.Pudur, Madurai.

3. The Inspector of Police cum Investigation Officer, Illicit Granite Quarry Cases, Melur Circle, Madurai District.

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4 W.P.(MD)NO.29180 OF 2023 G.R.SWAMINATHAN,J.

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