Madras High Court
Halinath Raja Haja Moideen vs The Regional Passport Officer on 18 September, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.26866 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.26866 of 2024
and
WMP.Nos.29380 & 29385 of 2024
Halinath Raja Haja Moideen ...Petitioner
Vs.
1. The Regional Passport Officer ,
Regional Passport Office,
Rayala Towers 2 & 3, IV Floor,
New No.158, Anna Salai, Chennai-2.
2. The Inspector of Police,
Mangalampet Police Station,
Cuddalore. ...Respondents
Petition filed under Article 226 of the Constitution of India to issue
a Writ of Certiorarified Mandamus calling for the records relating the
Impugned communication in Letter reference No.SCN/319020135/24 dated
13.08.2024 of the 1st respondent and quash the same as illegal and
consequently direct the 1st respondent to issue Passport Clearance Certificate
(PCC) to the petitioner by considering the petitioner's PCC Application vide
ARN No.24-1009247069 and file No.MAH086900837324 dated
21.07.2024 and petitioner's representation dated 23.08.2024 within time
frame stipulated by this Hon'ble Court in the light of the judgment of this
Hon'ble Court.
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.26866 of 2024
For Petitioner : Mr.I.Abdul Basith
For Respondents : Mr.M.Sathyan ACGSC, for R1
: Mr.L.Baskaran, GA(Crl. Side), for R2
ORDER
This Writ petition has been filed seeking quashment of the Letter
reference No.SCN/319020135/24 dated 13.08.2024 issued by the 1st
respondent and to consequently direct the 1st respondent to issue Passport
Clearance Certificate (PCC) to the petitioner by considering his Application
vide ARN No.24-1009247069 and file No.MAH086900837324 dated
21.07.2024 and also his representation dated 23.08.2024.
2. Mr.M.Sathyan, learned Additional Central Government Standing
Counsel takes notice on behalf of the 1st respondent, Mr.L.Baskaran, learned
Government Advocate (Crl. Side) takes notice on behalf of the 2 nd
respondent. In view of the consent expressed by the learned counsel on
either side, this petition is taken up for final disposal at the admission stage
itself.
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3. The case of the petitioner is that, the petitioner obtained passport
bearing No.V6773269 and the same is valid from 10.02.2022 to
09.02.2032. Subsequently, the petitioner applied for Passport Clearance
Certificate (in short 'PCC') before the 1 st respondent, vide application ARN
No.24-1009247069 and file No.MAH086900837324 dated 21.07.2024.
However, the 1st respondent, vide impugned communication dated
13.08.2024 sought clarification on adverse police verification report with
regard to the criminal case pending against the petitioner in Cr.No.188 of
2020 on the file of the 2nd respondent. Upon receipt of the said
communication, though the petitioner, vide explanation dated 23.08.2024
stated that the petitioner is not an accused in the said crime number,
however, the same was not considered by the 1 st respondent and till date, the
petitioner was not issued with the Passport clearance certificate. Hence, the
petitioner has come up with this writ petition challenging the impugned
communication dated 13.08.2024 in Letter reference
No.SCN/319020135/24 issued by the 1st respondent.
4. Learned counsel for the petitioner submitted that, though the 1 st
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respondent, relying upon the adverse police verification report has failed to
issue PCC in favour of the petitioner, however, the petitioner is not even
arrayed as an accused in the said Crime No.188 of 2020 and no such case is
pending against the petitioner. Even if it is presumed without admitting that
there is a criminal case pending against the petitioner, mere pendency of FIR
cannot be a ground for refusal of PCC or for impounding the passport under
Section 12(1)(b) of the Passport Act, 1967. In order to substantiate his
claim, the learned counsel for the petitioner relied upon the decision of this
Court in the case of Alagu Balkrishnan Vs. The Joint Secretary and ors
reported in MANU/TN/3308/2015. Accordingly, he prayed for appropriate
orders.
5. Per contra, the learned counsel appearing for the respective
respondents submitted that, admittedly, the petitioner is not arrayed as an
accused in Cr.No.188 of 2020. However, there is a criminal case pending
against the petitioner in Cr.No.118 of 2020 and inadvertently, it has been
mentioned as Cr.No.188 of 2020 instead of Cr.No.118 of 2020 in the police
verification report. It is further submitted by the learned counsel that, after
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investigation, the charge sheet has been filed before the learned Judicial
Magistrate II, Viruthachalam and the only remedy available to the petitioner
is to approach the trail court by way of filing appropriate application and not
before this Court and accordingly, prayed for dismissal of this Writ petition.
6. Heard learned counsel on either side and perused the materials
available on record.
7. Though very many grounds have been raised by the learned counsel
for the petitioner against the impugned communication, as rightly pointed
out by the learned counsel appearing for the respective respondents, after
conducting investigation, as the law enforcing agency has already filed the
final report before the trial court, the proper remedy available to the
petitioner is to approach the Judicial Magistrate II, Viruthachalam, where
the criminal case is pending. Without resorting to such remedy, filing the
present Writ petition challenging the letter communication dated 13.08.2024
issued by the 1st respondent is not sustainable. Hence, this Court is not
inclined to interfere with the impugned letter. However, liberty is granted to
the petitioner to file appropriate application seeking permission to travel
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abroad, before the trial court where the criminal case is pending and
workout his remedy in the manner known to law.
8. Accordingly, this Writ petition stands dismissed with the
aforestated liberty to the petitioner. No costs. Consequently, the connected
Miscellaneous petitions are closed.
18.09.2024
skt
NCC : Yes/ No
Speaking Order : Yes/ No
Index : Yes/ No
To
1. The Regional Passport Officer ,
Regional Passport Office,
Rayala Towers 2 & 3, IV Floor,
New No.158, Anna Salai, Chennai-2.
2. The Inspector of Police,
Mangalampet Police Station,
Cuddalore.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
skt
and
WMP.Nos.29380 & 29385 of 2024
https://www.mhc.tn.gov.in/judis
18.09.2024
https://www.mhc.tn.gov.in/judis
