Madras High Court
K.Divya vs The Ministry Of Foreign Affairs on 27 July, 2021
W.P.(MD).No.12351 of 2021
K.Divya v. The Ministry of Foreign Affairs
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.12351 of 2021
K.Divya ... Petitioner
Vs.
1.The Ministry of Foreign Affairs,
Government of India,
Rep. by its Secretary,
New Delhi.
2.The Regional Passport Officer,
Bharathi Ula Veethi,
Race Course Road,
Madurai-625 002. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, directing the respondents to
issue Passport to the Petitioner by considering her Passport Application
File Number MD106342371521 dated 25.06.2021 on the file of the 2nd
respondent within the stipulated time.
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W.P.(MD).No.12351 of 2021
K.Divya v. The Ministry of Foreign Affairs
For Petitioner : Mr.I.Robert Chandrakumar
For Respondents : Mr.S.Pillaimonicantan
Senior Counsel for Central Government
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the second respondent to issue passport to the petitioner by
considering the application submitted by the petitioner on 25.06.2021.
2. Heard Mr.I.Robert Chandrakumar, learned counsel appearing
for the petitioner and Mr.S.Pillaimonicantan, learned Senior Counsel for
Central Government appearing for the respondents.
3. The case of the petitioner is that she is a qualified lawyer who is
also engaged in activities like making documentaries. When the
petitioner was doing her first year course at Madurai Government Law
College in the year 2009, an incident took place and a protest was made
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W.P.(MD).No.12351 of 2021
K.Divya v. The Ministry of Foreign Affairs
by the students demanding for better hostel facilities. Two criminal cases
came to be registered against the petitioner and others in Crime Nos.1925
of 2009 and 1931 of 2009. Both these FIRs were investigated and final
reports were filed before the Judicial Magistrate No.II, Madurai and the
same was taken on file in C.C.No.544 of 2011 and C.C.No.545 of 2011.
4. Insofar as C.C.No.544 of 2011 is concerned, the petitioner has
been acquitted by the learned Magistrate and insofar as C.C.No.545 of
2011 is concerned, the same has been put to challenge before this Court
in a quash petition in Crl.O.P.(MD).No.5617 of 2020 and the same is
pending.
5. It is seen from records that the petitioner has dedicated her life
in creating awareness by directing documentary films and it is also seen
that the petitioner has also received awards and her documentary films
have been screened in various Film Festivals across 45 countries. It is
therefore clear that the petitioner will have to travel to foreign countries
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W.P.(MD).No.12351 of 2021
K.Divya v. The Ministry of Foreign Affairs
to attend international Film Festivals and also to participate in various
other gatherings involving rights of marginalized communities and
LGBTQIA+ issues.
6. The application made by the petitioner seeking for passport is
now kept pending by the second respondent and a show cause notice has
been issued to the effect that there is a criminal case pending against the
petitioner and a report to that effect has been received from the police.
7. Taking into consideration the facts and circumstances of the
case and also the fact that the quash petition filed by the petitioner is
pending before this Court in Crl.O.P.(MD).No.5617 of 2020 and the
other criminal case against the petitioner has ended in acquittal, there
shall be a direction to the second respondent to process the application
submitted by the petitioner on 25.06.2021 and issue a passport, if the
petitioner has satisfied all the other requirements, within a period of four
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W.P.(MD).No.12351 of 2021
K.Divya v. The Ministry of Foreign Affairs
weeks from the date of receipt of a copy of this order. Since the quash
petition is pending before this Court, only if this Court grants
permission, the second respondent can issue or renew a passport and the
same is clear from the earlier Judgment of this Court in Rahul
Ravindran Vs. Union of India, Principal Secretary to Government and
Others., reported in 2021 (4) MLJ 289. Accordingly these directions are
issued to the second respondent.
8. In the result, this writ petition is allowed with the above
directions. No Costs.
27.07.2021
Index:Yes/No
Internet:Yes/No
PJL
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.
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W.P.(MD).No.12351 of 2021
K.Divya v. The Ministry of Foreign Affairs
N.ANAND VENKATESH.J.,
PJL
To
1.The Secretary,
The Ministry of Foreign Affairs,
Government of India,
New Delhi.
2.The Regional Passport Officer,
Bharathi Ula Veethi,
Race Course Road,
Madurai-625 002.
W.P.(MD).No.12351 of 2021
27.07.2021
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