Disposed

N.Sasikumar v. the Regional Passport Officer

Madras HC26 Mar 2024WP/5233/2024

Case brief

AI extract

What is this about?

A writ petition seeking consideration of a passport application despite a pending criminal case; after the petitioner was heard by the passport authority following directions issued at an earlier hearing, the court closed the petition.

What did the court decide?

Petitioner was heard by the first respondent who was to take a decision on the passport application; writ petition closed, no costs.

N.Sasikumar Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2024)

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2024:MHC:1519

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W.P.No.5233 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.03.2024

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CORAM

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.No.5233 of 2024

N.Sasikumar

.... Petitioner

1.The Regional Passport Officer Regional Passport Office New Municipal Complex Thillai Nagar, 7^th Cross Thiruchirapalli – 620 018

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2.The Inspector of Police Kunnam Police Station Perambalur District .... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the application in TR2065114007323 dated 27/02/2023 for the issuance of the Passport notwithstanding the pendency of case in Crime No.383/2018, on the file of the second respondent.

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For Petitioner : Mr.S.Kamadevan For Respondents : Mr.Veeramani (R1) Mr.Meghanathan (R2) Government Advocate

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

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W.P.No.5233 of 2024

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O R D E R

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Read this order in continuation and in conjunction with order

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dated 01.03.2024 that reads as follows:-

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Mr.Meghanathan, learned Government Advocate accepts notice for R2 and seeks some time to obtain instructions and file a counter.

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2. Notice through Court as well as privately to R1, returnable 26.03.2024. Proof of service be placed on file.

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3. Mr.Meghanathan states that a charge sheet has been laid, which is neither numbered nor taken on file as yet.

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4. The settled position of law in regard to the issuance/renewal or otherwise of the passport in cases where FIR/criminal case is pending has been set out by the Hon'ble Surpeme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation (Criminal Appeal No.1342 of 2017 dated 27.09.2021). This view has been followed by different Courts including the First Bench of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih and another (W.A.No.902 of 2023 dated 02.06.2023) and of the writ courts in Suresh V. Regional Passport Officer (W.P.No.30019 of 2023 order dated 17.11.2023) and Nedumaran Palaniappan V. Regional Passport Officer (W.P.No.28448 of 2023 order dated 24.11.2023).

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5. Hence, even pending Writ Petition, R1 is at liberty to call upon the petitioner, hear him and take a decision on the application of the petitioner for issuance of passport notwithstanding the pendency of Crime No.383 of 2018 on the file of R2, prior to the next date of hearing.

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6. List on 26.03.2024 at the end of admission list. Written instructions/ counter by then with an advance copy served upon the

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

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2/4

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W.P.No.5233 of 2024

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petitioner.

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Mr.Kamadevan, learned counsel for the petitioner states that

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after the previous hearing, there has been some traction in the matter. The petitioner has been called for by the first respondent and has been duly heard. The petitioner expects that the passport will be issued at an early date.

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