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Madras High CourtWP(MD)/19506/2013disposed of

S. Ramachandran v. The Regional Passport Officer

2016-08-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.19506 of 2013 S.Ramachandran .. Petitioner Vs.

The Regional Passport Officer, Passport Office, Madurai.

.. Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondent in Letter Ref.No.SCN/300870035/13, dated 04.11.2013, quash the same and direct the respondent to issue passport to the petitioner.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.K.R.Laxman

O R D E R

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondent in Letter Ref.No.SCN/300870035/13, dated 04.11.2013, quash the same and direct the respondent to issue passport to the petitioner. 2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2. 3.Though this writ petition is filed for issuance of a Writ of Certiorarified Mandamus challenging the impugned order passed by the respondent dated 04.11.2013, rejecting the application for issuance of passport submitted by the petitioner, the learned counsel for the petitioner relied upon the judgment of this Court in the case of Saroja and another vs.

Regional Passport Officer, Coimbatore reported in (2011) 8 MLJ 194 and another unreported judgment of this Court in the case of Sankaranarayanan vs. The Regional Passport Officer, Madurai and another [W.P.(MD) 9953 of 2016] and requested this Court to pass similar order enabling the petitioner to approach the respondent to consider his request purely on merits and in accordance with law.

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4.To my understanding, all these orders of this Court relied upon by the petitioner are to the effect that the petitioner has to seek appropriate permission from the competent Criminal Court to go abroad and that upon production of orders permitting the petitioner to go abroad, he can approach the respondent. On such application being made in accordance with the procedure prescribed by this Court earlier in the judgments referred to above, the respondent is directed to consider the petitioner's application and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of any application from the petitioner. 5.With the above direction, the Writ Petition is disposed of. However, there is no order as to costs.

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To The Regional Passport Officer, Passport Office, Madurai.

+1cc to M/S.R.Subramanian, Advocate in SR.No.42478 +1cc to M/S.K.R.Laxman, Advocate in SR.No.42732 W.P.(MD)No.19506 of 2013 05.08.2016 SRM PA/SS-2/24.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/