Muhaseen Kaminoon Ashraf Ali ... vs The Regional Passport Officer
2023 Latest Caselaw 4521 Mad

                                                                                     W.P.No.12076 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 20.04.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE M. DHANDAPANI

                                                W.P.No.12076 of 2023


                    Muhaseen Kaminoon Ashraf Ali Mohamed                    ... Petitioner

                                                           Vs.

                    1.The Regional Passport Officer,
                      Regional Passport Office,
                      First Floor, Corporation Commercial Complex,
                      Thandumariamman Koil, Avinashi Road,
                      Coimbatore – 641 018.

                    2.The Inspector of Police,
                      Puliampatti Police Station,
                      Erode.                                                ... Respondents

                    Prayer: Writ Petition filed under Article 226 of the Constitution of India
                    for issuance of a Writ of Certiorarified Mandamus, calling for the records
                    relating       the   impugned    communication/letter     in   Letter     reference
                    No.SCN/314285647/23 dated 16.02.2023 of the 1st respondent and quash
                    the same as illegal and consequently direct the 1st respondent to issue
                    passport to the petitioner vide File No.CB1065034063123 on 02.02.2023
                    within time frame stipulated by this Court by considering the petitioner's
                    representation dated 01.04.2023 in the light of the judgment of this Court


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                                                                                W.P.No.12076 of 2023

                    in Venkatesh Kandasamy Vs. Government of India reported in AIR 2015
                    Mad 3.


                                  For Petitioner   : Mr.I.Abdul Basith
                                  For Respondents : Ms.M.K.Nithilavani
                                                    Central    Government     Standing
                                                    Counsel [R1]
                                                    Mr.U.Baranidharan
                                                    Additional Government Pleader [R2]


                                                         ORDER

The Writ Petition is filed seeking for a Writ of Certiorarified

Mandamus, to call for the records relating to the impugned

communication/letter in Letter reference No.SCN/314285647/23 dated

16.02.2023 of the first respondent and quash the same as illegal and

consequently, to direct the first respondent to issue passport to the

petitioner vide File No.CB1065034063123 on 02.02.2023 within time

frame stipulated by this Court by considering the petitioner's

representation dated 01.04.2023 in the light of the judgment of this Court

in Venkatesh Kandasamy Vs. Government of India reported in AIR 2015

Mad 3.

https://www.mhc.tn.gov.in/judis W.P.No.12076 of 2023

2. The case of the petitioner is that, he made an application before

the first respondent seeking issuance of fresh passport. However, the first

respondent has passed the impugned communication directing the

petitioner to appear at the Regional Passport Office between 09.30 a.m. to

12.30 p.m. on all working days except Wednesday, calling upon

explanation from the petitioner with regard to the supression of criminal

case pending against him in the passport application. Challenging the

same, the above writ petition has been filed before this Court.

3. The learned counsel for the petitioner submits that the petitioner's

application for passport was not processed on the ground that F.I.R. is

pending against him. He further submits that, mere pendancy of F.I.R. is

not a bar for issuance of passport in favour of the petitioner, thereby, the

pettioner has given his explanation. Even then, withholding the petitioner's

application is not sustainable one, hence, he prays that this Court may

issue direction to the first respondent to issue passport to the petitioner.

4. The learned Central Government Standing Counsel appearing for

the first respondent submitted that, if charge sheet is laid as against the

https://www.mhc.tn.gov.in/judis W.P.No.12076 of 2023

petitioner, then permission has to be obtained from the concerned Court

for processing the petitioner's application and further submitted that the

petitioner's application will be processed in the manner known to law.

5. Heard the learned counsel on both sides and perused the materials

available on record.

6. Admittedly, mere pendancy of F.I.R. is not a bar for issuance of

passport. Hence, this Court directs the first respondent to process the

petitioner's application dated 02.02.2023 and pass appropriate orders on

merits and in accordance with law, within a period of four (4) weeks from

the date of receipt of a copy of this order.

7.According, the writ petition is disposed of. No costs.

20.04.2023 Index : Yes / No (2/2) Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp

https://www.mhc.tn.gov.in/judis W.P.No.12076 of 2023

To

1.The Regional Passport Officer, Regional Passport Office, First Floor, Corporation Commercial Complex, Thandumariamman Koil, Avinashi Road, Coimbatore – 641 018.

2.The Inspector of Police, Puliampatti Police Station, Erode.

https://www.mhc.tn.gov.in/judis W.P.No.12076 of 2023

M.DHANDAPANI, J.

sp

W.P.No.12076 of 2023

20.04.2023 (2/2)

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