Madras High Court
C.Thirumurugan vs The Regional Passport Officer on 15 June, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)No.11722 of 2023
C.Thirumurugan ... Petitioner
vs.
1.The Regional Passport Officer,
Office of Regional Passport Officer,
Tiruchirapalli Municipal Water Tank Building,
W.B.Road, Tiruchirapalli-620 008.
2.The Inspector of Police,
Nagudi Polilce Station, Pudhukottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the first respondent to
re-issue passport to petitioner in his application vide File
No.TR2074936760523, dated 04.01.2023 pending on the file of the first
respondent within a reasonable time.
For Petitioner :Mr.K.Kharikharadas
For R1 :Mr.S.Ponsenthilkumar
For R2 :Mr.D.S.Nedunchezhian
Government Advocate
*****
1/5
https://www.mhc.tn.gov.in/judis
ORDER
The Writ Petition has been filed in the nature of a Mandamus
seeking a direction to the first respondent to re-issue passport to the
petitioner for which application had been filed in File No.
TR2074936760523, dated 04.01.2023 relating to the passport of the
petitioner bearing No.S5242899 issued on 19.07.2018 by the first
respondent.
2.Heard Mr.K.Kharikharadas, learned Counsel for the petitioner,
Mr.S.Ponsenthilkumar, learned Counsel for the first respondent and
Mr.D.S.Nedunchezhian, learned Government Advocate for the second
respondent.
3.The petitioner has been implicated as an accused in Cr.No.38 of
2017 registered by the second respondent for performing bullock cart
race without getting prior permission and causing pain and suffering to
the bullock. It is stated that though final report had been filed before the
learned Judicial Magistrate, Aranthangi, the final report had not yet taken
cognizance by the learned Magistrate.
2/5
https://www.mhc.tn.gov.in/judis
4.The presumption of innocence runs through the criminal
jurisprudence in this country. The petitioner has not been convicted of
any offence. Technically, the case is also not pending, since final report
had not yet been taken cognizance.
5.A direction is given to the first respondent to proceed further
with the aforementioned application given by the petitioner and also
obtain necessary undertaking from the petitioner that he would inform
the first respondent about the further progress of the case and also about
the result of the case after final judgment is passed. Getting such
undertaking, the first respondent may proceed to issue passport to the
petitioner, if the petitioner is otherwise eligible. The entire exercise may
be completed within a period of eight weeks from the date of receipt of a
copy of this order.
6.The Writ Petition stands disposed of. No costs.
Index :Yes / No 15.06.2023
Internet :Yes
NCC : Yes/No
cmr
3/5
https://www.mhc.tn.gov.in/judis
To
1.The Regional Passport Officer,
Office of Regional Passport Officer,
Tiruchirapalli Municipal Water Tank Building,
W.B.Road, Tiruchirapalli-620 008.
2.The Inspector of Police,
Nagudi Polilce Station, Pudhukottai District.
4/5
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.
cmr
Order made in
W.P.(MD)No.11722 of 2023
15.06.2023
https://www.mhc.tn.gov.in/judis
