A writ petition seeking a Writ of Mandamus for the issuance of a passport was disposed of. The Court permitted the petitioner to approach the jurisdictional trial Magistrate instead. The Trial Judge was directed to decide the matter on merits within three weeks of filing the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 W.P.(MD)No.655 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.655 of 2023
Hajathunisha
... Petitioner
Vs.
PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.12.2022 and consequently direct the first respondent to issue the passport to the petitioner within the time frame.
For Petitioner : Mr.V.Muthumani For R1 : Mr.S.Jeyasingh Senior Panel Counsel For R2 : Mr.B.Thanga Aravindh Government Advocate
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2 W.P.(MD)No.655 of 2023
O R D E R
Heard the learned counsel on either side.
2.The petitioner seeks issuance of passport. Since her
application was not processed, the present writ petition came to be filed.
3.When the matter was taken up for hearing, the learned Government Advocate for the second respondent submitted that Crime No.780 of 2021 has culminated in C.C.No.208 of 2022 on the file of the learned Judicial Magistrate No.II, Ramanathapuram.
4.Be that as it may, the petitioner is permitted to file an miscellaneous petition before the learned Judicial Magistrate No.II, Ramanathapuram, seeking the relief now sought for before this Court. The learned Trial Judge is directed to dispose of the petitioner's application on merits and in accordance with law within a period of three weeks after it is filed.
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3 W.P.(MD)No.655 of 2023
5. With this liberty to the writ petitioner and direction to the
jurisdictional trial Magistrate, this writ petition is disposed of. There
shall be no order as to costs.
21.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes/ No
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To
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4 W.P.(MD)No.655 of 2023
G.R.SWAMINATHAN,J.
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W.P.(MD)No.655 of 2023
21.02.2023
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1 issue framed by the court
Whether the writ petition seeking a Writ of Mandamus for issuance of passport requires adjudication by this Court given the pending criminal proceedings.
1 provisions across 1 enactments
Hajathunisha
The Regional Passport Officer
The Inspector of Police
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
