Jayakumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM:

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

1. The Regional Passport Officer, Regional Passport Office, Bharath Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Mathichiyam Police Station, Madurai City.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent herein to re-issue the passport in petitioner favour on the basis of his passport application No.MD1067056778524, dated 24.10.2024 within the time stipulated by this Court.

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For Petitioner : Mr.K.Rajesh For R-1 : Mr.V.Malaiyendran Central Government Standing Counsel For R-2 : Mr.K.Gnanasekaran Government Advocate (Crl. side)

ORDER

This writ petition has been filed to direct the first respondent herein to reissue the passport in petitioner favour on the basis of his passport application No.MD1067056778524 dated 24.10.2024 within the time stipulated by this Court.

2. The petitioner has made an application in File No. No.No.MD1067056778524, seeking re-issuance of passport. While so, on receipt of adverse police verification report, the first respondent had issued a communication on 14.11.2024, required an explanation from the petitioner. Hence, the Writ Petition is filed, to direct the first respondent to issue the passport to the petitioner.

3. The learned Government Advocate (Crl.) appearing for the second respondent on instructions would submit that FIR in Crime No.492 of 2022 was 2/4

registered by the second respondent under Sections 143, 341, 290 and 291 of Tamil Nadu Prohibition Act and the same has culminated in laying a charge sheet in STC No.5496 of 2024 before the learned Judicial Magistrate No.II, Madurai.

4. The learned Counsel for the petitioner would submit that the charge sheet was filed and the same was challenged before this Court in Crl.O.P.No. 21231 of 2024. This Court by an order dated 05.12.2024 has quashed the charge sheet. Hence, as on date, there is no previous antecedent pending against the petitioner.

5. In view of the same, the first respondent is directed to consider the petitioner's application dated 24.10.2024, in accordance with law.

6. Accordingly, this Writ Petition is allowed. There shall be no order as to the costs.

08.01.2025 NCC : Yes / No Index : Yes / No jbr 3/4

L.VICTORIA GOWRI, J.

jbr TO:-

1. The Regional Passport Officer, Regional Passport Office, Bharath Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Mathichiyam Police Station, Madurai City.

Order made in Dated 08.01.2025 4/4