Madras High Court
Gokulkannan vs The Regional Passport Officer on 9 August, 2021
W.P(MD)No.13699 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.13699 of 2021
Gokulkannan ... Petitioner
versus
1.The Regional Passport Officer,
Ministry of External Affairs,
Madurai.
2.The Superintendent Enquiry Officer,
Regional Passport Office Madurai,
Bharathi Ula Veethi,
Race Course Road,
Madurai-625 002,
Tamil Nadu.
3.The Inspector of Police,
Utchipuli Police Station,
Ramanathapuram District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, directing the 1 st and 2nd
respondents to issue passport on the petitioner's application with file
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13699 of 2021
No.MD1062905628520 dated 23.06.2021 based on his reply dated
09.07.2021.
For Petitioner : Mr.C.Susi Kumar
For Respondents : Mr.R.Baskaran
Counsel for State for R3
M/s.L.Victoria Gowri,
ASGI for R1 & R2
ORDER
The petitioner seeks the issuance of a passport on the basis of his
application bearing File No.MD102905628520 dated 23.06.2021.
2. The petitioner states that he applied for a passport on 04.08.2020.
In response thereto, a notice dated 25.06.2021 was issued to him by which
he was directed to provide an explanation with regard to Crime No.2/2019
pending before the Utchipuli Police Station, Ramanathapuram. The
petitioner provided such explanation by his letter dated 08.07.2021.
According to the petitioner, he was not present at the scene of occurrence of
the incident resulting in the FIR. More importantly, the petitioner states that
even after the lapse of 2 ½ years since the date of occurrence, the police did
not file a final report and therefore the petitioner is entitled to a passport.
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W.P(MD)No.13699 of 2021
3. Mr.R.Baskaran, learned counsel for the State, accepts notice on
behalf of the third respondent and Mrs.L.Victoria Gowri, learned ASGI,
accepts notice on behalf of the first and second respondents.
4. Learned counsel for the petitioner has relied upon two orders
passed by this Court in W.P.(MD).No.10755 of 2021 dated 25.09.2020 and
W.P(MD).No.9033 of 2021 dated 30.04.2021 so as to contend that a
passport cannot be refused merely because of a pending FIR, which does
not culminate in a competent court taking cognizance thereof pursuant to a
final report.
5. In the case at hand, the petitioner contends that the police did not
investigate the occurrence which resulted in the lodging of the FIR and that
no final report was filed. These are issues that should be examined and
determined by respondents 1 and 2 by seeking the requisite information
from the police authorities. Needless to say, in case the first and second
respondents find that no competent Court has taken cognizance of the
occurrence, the earlier judgments of this Court and the principles laid down
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13699 of 2021
therein would be required to be taken into consideration while taking a
decision.
6. Subject to the above observation, without going into the merits of
the matter, the first and second respondents herein are directed to dispose of
the petitioner's application dated 23.06.2021 by a reasoned order within a
period of two months from the date of receipt of a copy of this order. Such
reasoned order shall be passed after putting the petitioner on notice and
providing an opportunity to the petitioner to submit relevant documents.
7. W.P.(MD).No.13699 of 2021 is disposed of on these terms without
any order as to costs.
09.08.2021
Index : Yes / No.
Internet: Yes / No.
sbn
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13699 of 2021
To
1.The Regional Passport Officer,
Ministry of External Affairs,
Madurai.
2.The Superintendent Enquiry Officer,
Regional Passport Office Madurai,
Bharathi Ula Veethi,
Race Course Road,
Madurai-625 002,
Tamil Nadu.
3.The Inspector of Police,
Utchipuli Police Station,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13699 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sbn
W.P(MD)No.13699 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
