Madras High Court
Kannadasan vs The Regional Passport Officer on 6 September, 2021
W.P.(MD)No.15879 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.15879 of 2021
Kannadasan ... Petitioner
Vs.
1. The Regional Passport Officer,
The Regional Passport Office,
Madurai, Bharathi Ula Veethi,
Race Course Road,
Madurai - 625 002.
2. The Superintendent Enquiry Officer,
The Regional Passport Office,
Madurai, Bharathi Ula Veethi,
Race Course Road,
Madurai - 625 002.
3. The Inspector of Police,
Keelavalavu Police Station,
Melur Taluk,
Madurai District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue
passport to petitioner's in application reference no.ARN:21-1004083019
1/6
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W.P.(MD)No.15879 of 2021
and file No.MD 1063486261521 dated 02.08.2021 in light of the
judgment of this Court in W.A(MD).No.301 of 2018 dated 2703.2018.
For Petitioner : Mr.S.J.Chakkaravarthy
For Respondents : Ms.L.Victoria Gowri, ASGI
for R1 & R2
P.Subbaraj, Counsel for the State,
for R3
ORDER
The petitioner seeks issuance of a passport pursuant to the
application bearing reference No. ARN:21-1004083019.
2. The petitioner states that he had applied for a passport under the
reference number indicated above. In response, he received a letter dated
04.08.2021 from the first respondent stating that an adverse police
verification report had been received to the effect that he was involved in
Crime No.193 of 2017. Upon receipt thereof, the petitioner submitted an
explanation on 09.08.2021 to the passport office.
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W.P.(MD)No.15879 of 2021
3. According to the petitioner, the request for passport cannot be
refused merely because a FIR was registered against him. To put it
differently, it is contended by the petitioner that unless such FIR results
in a competent criminal court taking cognizance of the alleged offence, a
passport cannot be refused. In support of such contention, he relies upon
the judgment of a Division Bench of this Court in Arumugam Vs. The
Regional Passport Officer, Madurai Region Passport Officer,
W.A(D).No.301 of 2018, dated 27.03.2018.
4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of the third respondent and Ms.L.Victoria Gowri, learned
Assistant Solicitor General of India, accepts notice on behalf of
respondents 1 and 2.
5. The petitioner has enclosed a copy of his passport application
form as well as the explanation submitted to the passport office on
09.08.2021. A copy of the above mentioned judgment of the Division
Bench of this Court has also been enclosed. In these facts and
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W.P.(MD)No.15879 of 2021
circumstances, the first and second respondents should consider such
application and dispose of the same by a reasoned order.
6. Accordingly, without going into the merits of the matter, the first
and second respondents herein are directed to consider the petitioner's
application for a passport under application reference No.ARN:
21-1004083019 and dispose of the same by a reasoned order within a
period of two months from the date of receipt of a copy of this order after
taking into account the explanation of the petitioner and the judgment of
the Division Bench of this Court in W.A(MD).No.301 of 2018. Such
reasoned order shall be issued after providing a reasonable opportunity to
the petitioner.
7. W.P.(MD).No.15879 of 2021 is disposed of on these terms
without any order as to costs.
06.09.2021
Index : Yes/No
Internet : Yes/No
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W.P.(MD)No.15879 of 2021
To
1. The Regional Passport Officer,
The Regional Passport Office,
Madurai, Bharathi Ula Veethi,
Race Course Road,
Madurai - 625 002.
2. The Superintendent Enquiry Officer,
The Regional Passport Office,
Madurai, Bharathi Ula Veethi,
Race Course Road,
Madurai - 625 002.
3. The Inspector of Police,
Keelavalavu Police Station,
Melur Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.15879 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
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W.P.(MD)No.15879 of 2021
06.09.2021
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