Madras High Court
Thirumaran vs The Regional Passport Officer on 19 January, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.28245 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.28245 of 2022
Thirumaran ... Petitioner
Vs.
1.The Regional Passport Officer,
Ministry of External Affairs,
Madurai.
2.The Superintendent of Enquiry Officer,
The Regional Passport Office,
Madurai Bharathi Ula Veethi,
Race Court Road,
Madurai – 625 002,
Tamil Nadu.
3.The Inspector of Police,
Sellur Police Station,
Madurai District.
4.The Inspector of Police,
S.S.Colony Police Station,
Madurai District.
5.The Inspector of Police,
Thilagarthidal Police Station,
Madurai District. ... Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the 1st and
respondents to issue Passport on the petitioner's application with File
No.MD1074435353322 dated 26.07.2022 based on the petitioner's
representation dated 16.09.2022.
For Petitioner : Mr.C.Susi Kumar
For Respondents : Mrs.L.Victoria Gowri,
Asst. Solicitor General for R1 & R2.
Mr.R.Sivakumar,
Govt. Advocate (Crl. Side) for R3 to R5.
ORDER
Heard the learned counsel on either side.
2.The petitioner seeks issuance of passport. Apprehending that his application may not be considered in view of pendency of criminal cases registered against him, the present writ petition has been filed.
3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the State Police filed a statement indicating https://www.mhc.tn.gov.in/judis 2/8 W.P(MD)No.28245 of 2022 the status of the cases registered against the petitioner. The statement reads as follows:-
SL. Station Cr. No. Section of Law Stage No. 1 C3 S.S.Colony 433/21 504 IPC @ 504, PT (CC 548/21 by JM-V (L & O) P.S., 505(ii) IPC Court, Hg; 02.02.23 for fresh summon) 2 Madurai 473/21 147, 294(b), 353, Charged on 25.01.2022 District, 506(i) IPC & 3 of and yet to take to the file.
Silaiman P.S., TNPPDDL Act
3 C5 Karimedu 605/17 151 CrPC Action dropped on
(L&O) P.S., 01.08.2017
4 C5 Karimedu 1596/07 143, 188 IPC Action dropped on
(L&O) P.S., 19.09.2007
5 E3 961/14 143, 188, 341 IPC Conviction (Fined Rs.
Mathichiyam 2,000/- vide STC No.
(L&O) P.S., 87/2015 by JM-II,
Madurai on 20.07.2015)
6 D2 Sellur 1559/18 143, 188 IPC UI
(L&O) P.S.,
7. D1 Thallakulam 605/17 151 CrPC Action dropped on
(L&O) P.S., 22.10.2013
8. C4 177/19 143, 341 IPC PT (STC No.1850/2020 by
Thilagarthidal JM-I Court, Hg:01.02.23
(L&O) P.S., for fresh summon)
9. C4 1392/12 151 CrPC Action dropped on
Thilagarthidal 07.11.2012
(L&O) P.S.,
10. B1 1007/15 4(1) of TNOPPD Convicted (fined Rs.500/-
Vilakkuthoon Act STC No.55/2017 by JM-I
(L&O) P.S., Court, Madurai on
08.04.2017)
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11. Theni P.S., 1090/21 147, 148, 294(b), PT(SC 96/22 by Principal
307, 323, 324, 341 Sessions Court, Theni on IPC @ 147, 148, 06.09.2022 Hg: 20.01.23 294(b), 307, 323, for Evidence.
324, 341, 34 IPC
4.The question is whether in view of the above, the petitioner's request should be negatived. The learned counsel for the petitioner draws my attention to the order dated 01.08.2022 made in W.P.(MD)Nos.14010 and 15143 of 2022 (S.P.Udayakumar Vs. The Govt. of India and another). In the said case, I had held that cases of political activists should be approached from a different perspective and that passport can be directed to be issued, if the Court is satisfied that the petitioner is not a flight-risk.
5.From the materials placed on record, I come to the conclusion that the petitioner is having roots in Madurai region and that there is no prospect of his fleeing. The petitioner is founder-head of a party by name South India Forward Bloc. The petitioner is directed to enter appearance in C.C.No.548 of 2021 on the file of learned Judicial Magistrate No.V, Madurai. The next hearing date is 02.02.2023. The petitioner shall appear either in person or through counsel on the said date before the said Court. In other words, the said case will not be https://www.mhc.tn.gov.in/judis 4/8 W.P(MD)No.28245 of 2022 adjourned for the purpose of serving summon on the petitioner. The petitioner through his counsel gives an undertaking that he will comply with the aforesaid undertaking. This undertaking is recorded.
6.As regards Crime No.473 of 2021 on the file of Silaiman Police Station, if cognizance is taken and summon is issued, the petitioner shall enter appearance in the said case also.
6.Regarding S.T.C.No.1850 of 2020, the petitioner is directed to enter appearance in S.T.C.No.1850 of 2020 on the file of learned Judicial Magistrate No.I, Madurai. The next hearing date is 01.02.2023. The petitioner shall appear either in person or through counsel on the said date before the said Court. In other words, the said case will not be adjourned for the purpose of serving summon on the petitioner. The petitioner through his counsel gives an undertaking that he will comply with the aforesaid undertaking. This undertaking is recorded.
7.The petitioner gives a further undertaking that the progress in S.C.No.96 of 2022 on the file Principal Sessions Court, Theni will not be stalled on account of his absence.
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8.The petitioner shall file an affidavit to that effect before this Court. In view of the undertaking of the writ petitioner to file an affidavit on the lines mentioned above before this Court, I direct the first respondent to process the petition mentioned application and issue passport to the petitioner after complying with the other usual formalities.
9.The writ petition is allowed on these terms. No costs.
19.01.2023
NCS : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The Inspector of Police,
Sellur Police Station,
Madurai District.
2.The Inspector of Police,
S.S.Colony Police Station,
Madurai District.
3.The Inspector of Police,
Thilagarthidal Police Station,
Madurai District.
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G.R.SWAMINATHAN, J.
ias
W.P(MD)No.28245 of 2022
19.01.2023
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