Allowed

Harish v. The Regional Passport Officer

Madras HC18 Nov 2024WP(MD)/15653/2024

Case brief

AI extract

What is this about?

The Madurai Bench allowed the writ petition, granting liberty to the petitioner to approach the trial court for passport renewal directions, emphasizing the fundamental right to travel abroad and allowing restricted validity with conditions. Permitted filing of a special vakalat under Section 228 BNSS 2023.

What did the court decide?

Writ petition allowed; liberty granted to move trial court for relief with passport validity restricted.

Harish Vs The Regional Passport Officer — Specific Performance | Madras HC (2024)

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W.P.(MD)No.15653 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 18.11.2024

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.15653 of 2024

Harish

... Petitioner

Vs.

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

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2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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... Respondents

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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 1^st respondent to renew the petitioner's Passport in application in File No.1066252386324, based on his representation dated 12.04.2024.

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For Petitioner : Mr.A.Naresh Prabhu For 1^st Respondent : Mr.B.Narayan Ram Central Government Standing Counsel For 2^nd Respondent : Mr.K.Gnanasekaran Government Advocate (Crl)

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ORDER

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The prayer in the Writ Petition reads as follows:-

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“To issue a Writ of Mandamus, directing the 1 st

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

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W.P.(MD)No.15653 of 2024

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respondent to renew the petitioner's Passport in application in File No.1066252386324 based on his representation dated 12.04.2024.”

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2.The petitioner has made an application for issuance of passport and the application Number is MD1066252386324. However, the first respondent without renewing the same, had sent a communication, requiring to provide a suitable explanation within 30 days for the adverse Police Verification Report received from Uchipuli Police Station in Crime Nos.15 of 2022, 299 of 2022, 2555 of 2022 and 323 of 2020 as against the petitioner. The petitioner has sent an explanation to the first respondent on 12.02.2024. However, no action was taken till date. Hence, the Writ Petition came to be filed.

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3.When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the second respondent submitted that four cases are pending against the petitioner, among which, Crime No.299 of 2022 has been culminated in laying a charge sheet on the file of the learned Judicial Magistrate No.II, Ramanathapuram, but the same has not been taken on file.

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4.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the 1 st respondent, the learned Government

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W.P.(MD)No.15653 of 2024

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Advocate appearing for the 2 nd respondent and carefully perused the entire materials available on record.

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5.The petitioner is given liberty to move the learned Trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the learned Trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat.

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6.Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer who shall dispose of the petition~mentioned application in terms of the said order.

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W.P.(MD)No.15653 of 2024

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7 .With the above directions, this Writ Petition stands allowed. There shall be no order as to costs.

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18.11.2024

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NCC : Yes / No Index : Yes / No Internet : Yes Mrn

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https://www.mhc.tn.gov.in/judis 4/5

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W.P.(MD)No.15653 of 2024

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L.VICTORIA GOWRI, J.

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Mrn

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

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2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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W.P.(MD)No.15653 of 2024

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18.11.2024

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

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Harish v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Harish v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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