R.Sivakumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Sivakumar ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirapalli.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to issue passport to this petitioner, based on the petitioner's passport application No. TR6067129074124, dated 19-11-2024, within a time frame fixed by Court. For Petitioner : Mr.R.Venkadesh Kumar For Respondent : Mr.S.Muthukumar Central Government Standing Counsel 1/4

ORDER

Mr.S.Muthukumar, learned Standing Counsel takes notice for the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the respondent to issue passport to this petitioner, based on the petitioner's passport application No. TR6067129074124, dated 19-11-2024, within a time frame fixed by Court."

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner applied for issuance of passport vide his application in TR6067129074124 on 04.11.2024. On receipt of the same, the respondent issued a letter dated 23.11.2024 directing him to appear before the authority seeking explanation about the pending civil case case. Hence, the petitioner filed this writ petition seeking for the aforesaid relief. 2/4

5. The clarification was sought for by the respondent vide his letter dated 23.11.2024 with respect to a pending civil case. However, it is needless to state that pendency of the civil case is not an impediment for grant of passport.

6. In view of the same, the respondent is hereby directed to consider the application of the petitioner to issue passport without reference to the pending civil case, if he is otherwise eligible for the same. The respondent shall comply with the said direction on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs.

10.01.2025 NCC : Yes / No Index : Yes / No Sm Note: Issue order copy on 20.01.2025.

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L.VICTORIA GOWRI, J.

Sm TO:- 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirapalli.

Order made in Dated 10.01.2025 4/4