Disposed

Dayalamoorthy v. The Regional Passport Officer

Madras HC21 Jun 2024WP/10525/2021

Case brief

AI extract

What is this about?

Passport applicant with criminal cases against him sought mandamus for issuance of a passport after earlier rejection for suppression of pending cases. The court directed the respondent to act on the fresh police verification report and decide the application on merits within twelve weeks.

What did the court decide?

Respondent directed to act on fresh police verification report and consider the petitioner's passport application on merits within twelve weeks.

Dayalamoorthy Vs The Regional Passport Officer — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.10525 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.06.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.10525 of 2021

Dayalamoorthy

...Petitioner

-Vs-

The Regional Passport Officer, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.786, New No.158, Anna Salai, Chennai-600 002.

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... Respondent

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to issue a passport based on the Application No.MA 1062958114520.

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For Petitioner : M/s.S.Deepika

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For Respondent : Mr.R.Subramanian Additional Central Government Standing Counsel

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1/6

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

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W.P.No.10525 of 2021

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ORDER

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This Writ Petition has been filed for direction directing the respondent to issue passport based on the application No.MA 1062958114520.

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The petitioner belongs to one political party and he has been

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involved in the following cases :

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*S.No*	*Crime No.*	*Offences Under Section*	*Police Station*	*Status*
1	680/2017	147,148,323,324, 506(ii) of IPC	ICF	Quashed in Crl.O.P.No.25 440/2019
2	88/2018	75 City Police Act 7(1)(a) Criminal Law Amendment	Arumbakkam	Petty offence and closed by police
3	949/2017	143 & 188 IPC	Villivakkam	Quashed
4	381/2016	341, 294(b) and 506(ii) of IPC	Villivakkam	Quashed in Crl.O.P.No.116 51 of 2019
5	177/2019	4A(1a) & 4B of TN Open Places (POD) ACt, 1959	Villivakkam	Petty offence and closed by police
6	179/2019	4A(1a) & 4B of TN open Places (POD) Act, 1959	Villivakkam	Petty offence and closed by police
7	183/2019	3 of TN open Places (POD) Act, 1959	Villivakkam	Petty offence and closed by police
8	109/2021	Sections 380, 448, 506(1)	Villivakkam	Pending and

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

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S.No

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W.P.No.10525 of 2021

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*S.No*	*Crime No.*	*Offences Under Section*	*Police Station*	*Statu*	s
		of IPC		falsely implicated without preliminar enquiry suggested the conc Magistrate has direction register case.	any y as by erned who given to the

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Therefore, his application for issuance of passport is rejected and he was also imposed penalty for suppressing the criminal cases pending against him. Thereafter, the petitioner applied for passport and stated that all the criminal cases were closed and quashed by this Court.

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However, on perusal of the counter affidavit filed by the respondent revealed that the police verification report dated 27.07.2020, two criminal cases are pending against the petitioner. Therefore, as per the Gazette Notification issued by GSR 570(E) dated 25.08.1993 the applicant shall give undertaking in writing to the passport authority that he shall, if required by the court concerned, appear before it at any time during the

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

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W.P.No.10525 of 2021

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continuance in force of the passport so issued. Whereas, according to the petitioner, no case is pending as against the petitioner.

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In view of the above, the respondent is directed to act upon the

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fresh police verification report and consider the application submitted by the petitioner on merits in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

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With the above direction, this writ petition is disposed of. No

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costs.

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21.06.2024

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Index : Yes/No Speaking/Non-Speaking Order Neutral Citation : Yes/No gvn

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

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W.P.No.10525 of 2021

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The Regional Passport Officer, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.786, New No.158, Anna Salai, Chennai-600 002.

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G.K.ILANTHIRAIYAN,J.

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

W.P.No.10525 of 2021

gvn

W.P.No.10525 of 2021

21.06.2024

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

Dayalamoorthy v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Dayalamoorthy v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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