Citation : 2021 Latest Caselaw 11485 Mad
Judgement Date : 8 June, 2021
W.A.(MD)No.747 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.06.2021
CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD) No.747 of 2021
Narkis Parvin
... Appellant
Vs
The Regional Passport Officer,
Regional Passport Office,
Municipal Water Tank Building,
W.B.Road, Trichy-8,
Trichy District. ... Respondent
Prayer: Writ Appeal filed under Clause XV of Letters Patent Act, to set
aside the order in WP(MD)No.1549 of 2021 dated 11.03.2021 on the file of
this Court.
For Appellant : Mr.R.Sundar
For Respondent : Mrs.Victoria Gowri,
Additional Solicitor General of
India
__________
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.747 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This appeal filed by the writ petitioner is directed against the order in
WP(MD)No.1549 of 2021 dated 11.03.2021.
2. We have heard Mr.R.Sundar, learned counsel appearing for the
petitioner and Mrs.Victoria Gowri, learned Additional Solicitor General of
India.
3. With the consent on either side, the Writ Appeal itself is disposed
of.
4. The petitioner sought for Writ of Mandamus directing the
respondent to renew and re-issue her passport within a stipulated time. The
Writ Petition was dismissed by the impugned order on the ground that a
criminal case is pending against her and that the appellant was unsuccesful
in attempting to quash the Charge Sheet as the Crl.OP(MD)No.19319 of
2016 was dismissed by this Court on 09.10.2020.
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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.747 of 2021
5. The learned Additional Solicitor General of India, appearing on
behalf of the respondent, on instructions, submitted that the passport issued
to the appellant was renewed for a period of one year on 08.05.2019 and the
respondent will abide by any order passed by this Court. Furthermore, we
note that the petitioner was permitted to go abroad on earlier ocassion and
presently she wants to go and visit her daughter who is pregnant and likely
to deliver shortly. Further, we are informed that there is no progress in the
criminal case which is now pending in CC.No.465 of 2019, on the file of the
Judicial Magistrate Court, Thiruvidaimaruthur.
6. The learned counsel for the petitioner submitted that the criminal
court has dispensed with the personal appearance of the appellant and
directed that she shall appear as and when required.
7. In the light of the above, we dispose of the above Writ Appeal by
directing the respondent to renew the appellant's passport for a period that
may be decided by the respondent. Upon passport being renewed and
handed over to the appellant, the appellant shall file an application before
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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.747 of 2021
the Judicial Magistrate Court, Thiruvidaimaruthur in CC.No.465 of 2019,
seeking a direction to go abroad and subject to the orders passed by the
criminal court, the appellant is entitled to proceed further in the matter.
7. With the above directions, the Writ Appeal stands disposed of. No
costs.
(T.S.S.,J.) (S.A.I.,J.)
08.06.2021
Index : Yes/No
Internet : Yes/No
vrn/mbi
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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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.747 of 2021
To
The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichy-8, Trichy District.
__________
https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.747 of 2021
T.S.SIVAGNANAM, J.
and S.ANANTHI, J.
vrn/mbi
W.A.(MD) No.747 of 2021
08.06.2021
__________
https://www.mhc.tn.gov.in/judis/
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