Disposed

Pasupathi v. The Regional Passport Officer

Madras HC1 Oct 2024WP(MD)/23000/2024

Case brief

AI extract

What is this about?

This High Court dismissed a writ petition for a passport, directing the petitioner to file a miscellaneous petition in the Special Court for SC/ST (POA) Act cases seeking relief under the limited direction that the passport be issued where extraordinary circumstances is not found, though validity period shall be restricted by the trial court.

What did the court decide?

The petitioner is directed to move the trial court; based on such court's order, the passport officer shall dispose of the application.

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

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W.P(MD)No.23000 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.10.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P(MD)No.23000 of 2024

Pasupathi

... Petitioner

Vs.

1.The Regional Passport Officer, New Municipal Complex, Thillai Nagar, 7th Cross, Tiruchirappalli - 620018

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2.The State Represented By, The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

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... 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 Mandamus, directing the 1^st respondent to re-issue the petitioner's passport No.M3556863 and to issue Passport vide the petitioner's Application No.TR1076615277324, dated 19.08.2024.

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For Petitioner : Mr.S.Sathyachidambaram For R1 : Mr.B.Deepa Central Government Standing Counsel For R2 : Mr.M.Vaikkam Karunanithi, Government Advocate

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

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W.P(MD)No.23000 of 2024

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Heard both sides.

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ORDER

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2.The petitioner seeks re-issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present Writ Petition came to be filed.

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3.When the matter was taken up for hearing, the learned Government

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Advocate (Crl. Side) appearing for the 2^nd respondent submitted that the criminal case registered against the petitioner has been charge sheeted and it has been taken on file in Spl.S.C.No.7 of 2023 on the file of the Special Court for SC/ST (POA) Act Cases, Pudukkottai.

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4.The petitioner is given liberty to move the 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. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of

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

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W.P(MD)No.23000 of 2024

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passport will have to be restricted. It is also open to the 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 205 of Cr.P.C by executing a special vakalat.

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5.Based on the order passed by the 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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6.In view of the above terms, this Writ Petition is disposed of. No

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costs.

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01.10.2024

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

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Yuva

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1.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

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3/4

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

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W.P(MD)No.23000 of 2024

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N.SATHISH KUMAR, J

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Yuva

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W.P(MD)No.23000 of 2024

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01.10.2024

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

Pasupathi v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Pasupathi v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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