Allowed

Thavayogi Gnana Theva Bharathy M v. The Regional Passport Officer

Madras HC22 Dec 2022WP(MD)/28662/2022

Case brief

AI extract

What is this about?

Petitioner sought renewal of passport impeded by pending criminal case under Wild Life Protection Act. Court granted Mandamus directing Passport Office to issue passport valid for six months, considering special facts of old animal skins being used for meditation.

What did the court decide?

Directed Respondents 1 and 2 to issue passport to petitioner forthwith, valid for six months, subject to usual formalities.

Thavayogi Gnana Theva Bharathy M Vs The… — Pension and Retirement Benefits | Madras HC (2022)

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W.P(MD)No.28662 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.28662 of 2022

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M.Thavayogi Gnana ThevaBharathy

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... Petitioner

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1.The Regional Passport Officer, Madurai Region, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.

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2.The Passport Officer, Claret Complex, Duraisamy Reddy Street, Tambaram, Chennai.

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3.The Inspector of Police, Nilakottai Police Station, Tirunelveli District.

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4.The Forest Ranger, Forest Ranger Office, Butlagundu, Dindigul District. (WLOR No.1 of 2021)

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... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28662 of 2022

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to renew the petitioner's passport in Passport No. 'K8975913' based on his online application dated 09.12.2022 in Transaction ID. CHL 1737557 within a time frame as fixed by this Court.

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For Petitioner : Mr.S.Sukumar

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For Respondents : Mrs.L.Victoria Gowri Deputy Solicitor General of India for R.1 & R.2

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Mr.B.Thanga Aravindh Government Advocate (Crl Side) for R.3

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Mr.A.Baskaran

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Additional Government Pleader for R.4

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ORDER

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Heard the learned counsel on either side.

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2.The writ petitioner is a holder of an Indian Passport. He seeks renewal

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of the same. The petitioner is however facing one impediment. A forest case was registered against him and the same is pending on the file of the learned Judicial Magistrate, Nilakkottai in C.C.No.258 of 2021 for the offences under

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the Wild Life Protection Act, 1972. In normal circumstances, the applicant has to necessarily move the jurisdictional Trial Court where the case is pending, for

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such relief.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28662 of 2022

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3.However, considering the special facts and circumstances of this case, I am inclined to grant relief. When criminal case was registered, the writ petitioner filed Crl.O.P(MD)No.9696 of 2021 before this Court. A learned Judge of this Court vide order dated 27.07.2021 granted Anticipatory Bail. Paragraph 5 and 6 of the said order read as follows:

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“5.It is seen from the arrest memo produced by the learned Government Advocate (Criminal side) that the tiger skin and spotted deer skin are old skin. It is submitted by the learned counsel for the petitioner that they are aged more than 200 years. However, possession without permission is illegal. The petitioner should have obtained necessary permission from the concerned forest officials. It has not been done in this case.

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6.Considering the fact that the tiger skin and spotted deer skin are very old and used for the purpose of meditation and offering blessing to the devotees, more particularly, it is seen that skin is not a new one, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.”

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4.I therefore direct the respondents 1 and 2 to issue passport to the petitioner forthwith and without any delay subject to fulfilment of other usual formalities. However, the validity period of the passport will be restricted to six months.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28662 of 2022

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5.This writ petition is allowed on these terms. There shall be no order as

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to costs.

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22.12.2022

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Index : Yes / No Internet : Yes/ No MGA

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Note: Issue Order Copy on 23.12.2022.

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1.The Regional Passport Officer, Madurai Region, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.

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2.The Passport Officer, Claret Complex, Duraisamy Reddy Street, Tambaram, Chennai.

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3.The Inspector of Police, Nilakottai Police Station, Tirunelveli District.

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4.The Forest Ranger, Forest Ranger Office, Butlagundu, Dindigul District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28662 of 2022

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G.R.SWAMINATHAN, J.

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MGA

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W.P(MD)No.28662 of 2022

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22.12.2022

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https://www.mhc.tn.gov.in/judis

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Thavayogi Gnana Theva Bharathy M v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Thavayogi Gnana Theva Bharathy M v. The Regional Passport Officer

Case brief

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What did the court decide?

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