Disposed

Sengolesahayaraj.J v. The Secretary

Madras HC21 Dec 2023WP(MD)/16824/2023

Case brief

AI extract

What is this about?

A writ petition for quashing a communication requiring the petitioner to surrender his passport due to impugned criminal charges. The court granted the petitioner liberty to approach the trial court for the return of the passport and disposed of the writ petition without further relief.

What did the court decide?

liberty granted to move the trial court; writ petition disposed of; no costs granted.

Sengolesahayaraj.J Vs The Secretary — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P(MD)No.16824 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.12.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.16824 of 2023

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J.Sengolesahayaraj ... Petitioner

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Vs.

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1.The Secretary, Government of India, Ministry of External Affairs, New Delhi.

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2.The Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.

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3.The Inspector of Police, Thirupalaikudi Police Station, Thirupalaikudi Taluk, Ramanathapuram District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondents impugned communication no. SCN/313360019/22 dated 20.09.2022 and quash the same and consequently direct the 2nd respondent to return of the petitioner's passport bearing no. W0825580 dated 11.08.2022 within a period stipulated time by this Court.

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https://www.mhc.tn.gov.in/judis 1/4

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W.P(MD)No.16824 of 2023

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For Petitioner : Mr.S.Atham Ali

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For Respondents : Mr.S.Paramasivam for R1 & R2

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: Mr.A.Albert James Government Advocate for R3

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ORDER

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Heard both sides.

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The petitioner's passport is still valid. But he has been asked to surrender on account of his implication in the criminal case.

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When the matter was taken up for hearing, the learned Government Advocate submitted that as many as three criminal cases have been registered against the petitioner under Section 379 of IPC and they have been charge sheeted also. They have been taken on file also.

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The petitioner is therefore given liberty to move the trial Court and seek relief now sought for. If the trial Court gives a direction for return of the passport, the second respondent will abide by the said direction. Granting liberty to the petitioner to move the trial Court, the Writ Petition is disposed of. No costs.

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21.12.2023 Index : Yes / No Internet : Yes/ No rmi

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2/4

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

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W.P(MD)No.16824 of 2023

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The Inspector of Police, Thirupalaikudi Police Station, Thirupalaikudi Taluk, Ramanathapuram District.

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

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3/4

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W.P(MD)No.16824 of 2023

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G.R.SWAMINATHAN, J.

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rmi

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W.P(MD)No.16824 of 2023

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21.12.2023

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https://www.mhc.tn.gov.in/judis 4/4

Sengolesahayaraj.J v. The Secretary

Case brief

What is this about?

What did the court decide?

Sengolesahayaraj.J v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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