Mytheen Peer Mohamad vs The Regional Passport Office
2023 Latest Caselaw 3191 Mad

                                                                             W.P.(MD)No.14368 of 2015


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.03.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                W.P.(MD)No.14368 of 2015

                     Mytheen Peer Mohamad                                       ... Petitioner

                                                          versus

                     The Regional Passport Office,
                     Represented through Passport Officer,
                     Bharathi Ula Veethi,
                     Race Course Road,
                     Madurai.                                                   ... Respondent

                                  Writ Petitions filed under Article 226 of the Constitution of
                     India, seeking for the issuance of Writ of Mandamus, to direct the
                     respondent to take necessary action for issuance of the passport by
                     considering the representation of the petitioner dated 19.03.2015 within
                     a stipulated period.


                                       For Petitioner   : Mr.S.C.Herold Singh

                                       For Respondent : No appearance


                     1/6



https://www.mhc.tn.gov.in/judis
                                                                               W.P.(MD)No.14368 of 2015



                                                          ORDER

The petitioner, a graduate, in order to seek employment abroad,

had applied for a passport through a private agency, by name, Passport

Seva Kendra, Tirunelveli. The respondent, by referring a criminal case,

which was pending against him in Crime No.291 of 2009, has not

issued any passport to the petitioner. Therefore, the petitioner made a

representation dated 19.03.2015 to the respondent, requesting him to

consider his case for issuing passport de hors the criminal case pending

against him in Cr.No.291 of 2009. Since there was no response, he

filed this writ petition, seeking a direction to the respondent to consider

his representation dated 19.03.2015.

2. The learned counsel appearing for the petitioner submits that

though the case in Crime No.291/2009 was registered against the

petitioner, the Police has not filed any final report till 2015 and during

that period, the respondent failed to issue passport to the petitioner and

https://www.mhc.tn.gov.in/judis W.P.(MD)No.14368 of 2015

later, the Police has filed the final report only in the year 2018, which

was taken on file as C.C.No.3 of 2018 on the file of the learned Judicial

Magistrate, Boothapandi and the same was ended in acquittal by a

Judgment dated 06.08.2022.

3. There is no representation for the respondent. However, a

counter affidavit has been filed on behalf of the respondent stating that

the petitioner was involved in a case in Cr.No.291 of 2009 for the

offence punishable under Sections 147, 295, 294(b), 324, 506(ii),

153(A) IPC and in the police verification report, the criminal case was

referred and therefore, the respondent has not issued passport to the

petitioner. It is further stated in the counter affidavit that once the

petitioner submits proper explanation for pendency of the criminal

case, a further verification report will be obtained from the police and

his application would be processed as per law.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.14368 of 2015

4. This Court considered the submission made by the learned

counsel appearing for the petitioner and the averments made in the

counter affidavit filed by the respondent.

5. The petitioner has filed this writ petition in the year 2015 with

a grievance that though he applied for a passport, the respondent has

not issued any passport to him. It appears that the respondent, on

receipt of police verification report, issued a show cause notice dated

20.02.2015 to the petitioner and asked him to furnish his further

explanation regarding the status of criminal case. However, the

petitioner failed to place any material before the respondent as to

further development of criminal case pending against him. Now, the

criminal case pending against the petitioner was ended in acquittal by

Judgment dated 06.08.2022, passed by the learned Judicial Magistrate,

Boothapandi, in C.C.No.3 of 2018.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.14368 of 2015

6. Considering the subsequent development, this writ petition is

allowed with a direction to the petitioner to submit a fresh

representation along with a copy of the Judgment dated 06.08.2022

passed by the learned Judicial Magistrate, Boothapandi, in C.C.No.3 of

2018, within a period of four weeks from the date of receipt of a copy

of this order. On such representation, the respondent shall ascertain

once again with regard to the status of the criminal case, if any, as

against the petitioner by way of police verification and process the

application of the petitioner for passport as expeditiously as possible,

preferably, within a period of 12 weeks from thereon. No costs.

27.03.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.14368 of 2015

B.PUGALENDHI, J.

ogy

To

The Regional Passport Office, Represented through Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai.

W.P.(MD)No.14368 of 2015

27.03.2023

https://www.mhc.tn.gov.in/judis