M.Ibrahim v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Ibrahim ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2. The Commissioner of Police, Madurai.

3. The Deputy Commissioner of Police, Law and Order (South), Madurai City, Madurai.

4. The Inspector of Police, Vilakuthoon Police Station, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's Application File Number MD1064053528122 dated 22.03.2022 for the issuance of passport to the petitioner for the period of 10 years within the time frame that may be fixed by this Court.

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For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.A.Srinivasan, Central Govt. Standing Counsel (for R1) Mr.K.Gnanasekaran (R2 to R4) Government Advocate (Crl. side)

ORDER

This writ petition has been filed seeking for a direction to the first respondent to consider the petitioner's application dated 22.03.2022 for issuance of passport for a period of ten years.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondent police, by relying upon the counter affidavit filed by the fourth respondent submitted that 12 criminal cases have been registered as against the petitioner in various police stations in Madurai District as well as other districts. Though all the cases have ended in acquittal, he was a history sheeter in History sheet Nos. 441/99, 417/97, 392/95, which were later closed.

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4. It is also brought to the notice of this Court by the learned Government Advocate appearing for the respondent police that the history sheet in HS No. 441/99 was re-opened, only because of his involvement in fundamental activities along with one Raja Hussain and Seeni Bainar Mohamed. The learned Government Advocate appearing for the respondent police also insisted that the history sheet in HS No.441/99 is now reopened and the same is still kept open and not closed sofar.

5. Though the learned counsel appearing for the petitioner submitted that notice with regard to reopening the history sheet has not been served upon the petitioner, this Court is of the considered view that security of our nation is of paramount importance. Considering the heinous criminal antecedents as against the petitioner, this Court is not inclined to appreciate this writ petition. Accordingly, this writ petition is dismissed. No costs. 09.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2. The Commissioner of Police, Madurai.

3. The Deputy Commissioner of Police, Law and Order (South), Madurai City, Madurai.

4. The Inspector of Police, Vilakuthoon Police Station, Madurai.

Order made in Dated:

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