Madras High Court
Prabaharan Chellathurai vs The Passport Officer on 30 September, 2021
W.P(MD)No.17534 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17534 of 2021
and
W.M.P(MD).Nos.14369, 14370 and 14371 of 2021
Prabaharan Chellathurai ... Petitioner
Vs.
The Passport Officer,
Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records pertaining
to the impugned communications issued by the respondent herein, in
letter.Ref.No.SCN/31101885/21, dated 13.07.2021 and quash the same as
illegal.
For Petitioner : Mr.C.Kishore
For Respondent : Mrs.L.Victoria Gowri,
Assistant Solicitor General of India.
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17534 of 2021
ORDER
The petitioner challenges a communication dated 13.07.2021 by
which the respondent called upon the petitioner to show cause as to why his
passport should not be impounded. In addition, he was also called upon to
surrender his passport along with the explanation.
2. The petitioner states that he was issued Passport No.M1313690
dated 22.08.2014, which is valid until 21.08.2024. As of the date of application
for such passport, the petitioner states that no F.I.R. was pending against him
and no criminal court had taken cognizance of any case in which he was an
accused. In these circumstances, the petitioner states that he received the
impugned show cause notice, whereby reference is made to Crime No.148 of
2021. The petitioner states that he was not summoned or arrested in relation to
Crime No.148 of 2021. He asserts that it is a false case foisted on him in view
of a prior enmity with the complainant. In any event, the petitioner states that
he did not suppress any material facts while submitting the application for a
passport in the year 2014.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17534 of 2021
3. Therefore, he submitted an explanation to the show cause notice
on 29.07.2021. In spite of receiving such explanation, he states that no action
has been taken pursuant to his explanation. Consequently, the petitioner is
unable to accept employment outside India.
4. Mrs.L.Victoria Gowri, learned Assistant Solicitor General of
India, accepts notice for the sole respondent. She submits that the petitioner's
explanation would be considered and orders would be passed within a
reasonable time frame.
5. From the documents on record, especially the show cause notice,
it is evident that the allegation against the petitioner is that he suppressed a
material fact relating to a pending criminal case in Crime No.148 of 2021.
Given the fact that the petitioner applied for the passport in the year 2014,
prima facie it does not appear that the petitioner suppressed material facts. The
petitioner has also submitted an explanation to the above effect. In addition,
the respondent should take note of earlier judgments of this Court to the effect
that the mere lodging of an F.I.R. is not a ground to refuse to issue a passport or
impound a passport unless a competent criminal court has taken cognizance of
such offence. These aspects should be taken into account while considering
and taking a decision on the issue at hand.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17534 of 2021
6. Subject to the above observations but without entering any
findings on the merits of the matter, the respondent herein is directed to
consider the petitioner's explanation dated 29.07.2021 in response to the show
cause notice dated 13.07.2021 and dispose of the proceedings by a reasoned
order within a period of two (2) months from the date of receipt of a copy of
this order.
7. Accordingly, W.P.(MD).No.17534 of 2021 is disposed of on
these terms without any order as to costs. Consequently,
W.M.P(MD).Nos.14369, 14370 and 14371 of 2021 stand closed.
30.09.2021
Index : Yes / No
Internet : Yes/ No
tsg/LM
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.17534 of 2021
To
The Passport Officer,
Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17534 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/LM
W.P(MD)No.17534 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis/
