Madras High Court
Arun Pandiyan vs The Regional Passport Officer on 7 July, 2023
WP(MD)No.13941 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP.(MD).No.13941 of 2023 and
WMP(MD) Nos.11766 & 11767 of 2023
Arun Pandiyan ... Petitioner
Vs
1.The Regional Passport Officer,
The Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai - 2.
2.The Inspector of Police,
Kamuthi Police Station,
Ramanathapuram District.
(Crime No.224/2018) ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records pertaining to impugned Show Cause Notice
dated 29.05.2023 on the file of the first respondent and quash the same
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https://www.mhc.tn.gov.in/judis
WP(MD)No.13941 of 2023
as illegal and further directing the respondents to issue Police
Clearance Certificate (PCC) to the petitioner within a time as may be
stipulated by this Court.
For Petitioner : Mr.V.Kathirvelu
Senior Counsel for
Mr.K.Jeyamohan
For R1 : Mr.C.Nandagopal
Central Government Standing Counsel
For R2 : Mr.D.Farjana Ghoushia
Special Government Pleader
ORDER
Notice for enquiry dated 29.05.2023 issued by the first
respondent is under challenge in this writ petition.
2.The learned senior counsel appearing for the petitioner
submits that the respondents sought to conduct an enquiry based on a
criminal case in Crime No.224 of 2018, on the file of the Kamuthi
Police Station, which has been registered as against the petitioner, for
the offences punishable under Sections 147, 148, and 504 IPC and
https://www.mhc.tn.gov.in/judis
WP(MD)No.13941 of 2023
Section 3(1) of the Prevention of Damage to Public Property Act,
1984. The case has been registered as against the petitioner on
31.10.2018 on a dispute between two political parties. It is also pointed
out by the learned senior counsel that the name of the petitioner is not
found in the First Information Report. He further submits that in view
of the pendency of the enquiry, the petitioner's prospects of job in
Europe countries is affected.
3.The learned Standing counsel appearing for the first
respondent submits that on some information, they have issued this
impugned notice and it is only a show cause notice and they have not
taken any decision so far. The petitioner has not appeared for the
enquiry. A suitable direction may be issued to the petitioner to appear
for the enquiry before the first respondent enabling them to complete
the enquiry at the earliest.
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WP(MD)No.13941 of 2023
4.This Court considered the rival submissions made and
also perused the materials placed on record.
5.The proceedings impugned in this writ petition is only a
show cause notice. The respondents have initiated an enquiry by
issuing this impugned notice. The grievance of the petitioner is that a
passport was already issued to him in the year 2016. However, notice
has been issued now on a criminal case, which was registered as
against him in the year 2018. The learned senior counsel submits that
pendency of the First Information Report cannot be an impediment to
grant or renew the passport. He relied on the Judgment in Dr.Shahul
Hameed Aboobacker Vs. The Regional Passport Officer, Kochi,
reported in 2016 SCC Online ker 26448. The stand of the respondents
is that it is only a show cause notice and the petitioner is expected to
appear before the first respondent.
https://www.mhc.tn.gov.in/judis
WP(MD)No.13941 of 2023
6.In view of the above, this writ petition is disposed of
with a direction to the petitioner to appear before the first respondent
on 27.07.2023 at 10.30 a.m. without fail, without waiting for a copy of
this order. The Central Government Standing Counsel shall instruct the
first respondent accordingly. The first respondent shall complete the
enquiry within period of two weeks from the date of receipt of a copy
of this order. The second respondent is also expected to file their
response during the enquiry. No costs. Consequently, connected
Miscellaneous Petitions are closed.
07.07.2023
NCC : Yes / No.
Index : Yes / No.
vrn
https://www.mhc.tn.gov.in/judis
WP(MD)No.13941 of 2023
To
1.The Regional Passport Officer,
The Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai - 2.
2.The Inspector of Police,
Kamuthi Police Station,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
WP(MD)No.13941 of 2023
B.PUGALENDHI, J.
vrn
Order made in
WP.(MD).No.13941 of 2023 and
WMP(MD) Nos.11766 & 11767 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
