V.Sathiamoorthy vs The Regional Passport Officer on 18 March, 2021

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Madras High Court

V.Sathiamoorthy vs The Regional Passport Officer on 18 March, 2021

Bench: V.Parthiban

                                                                          W.P(MD)No.4070 of 2021

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 18.03.2021

                                                      CORAM

                                THE HONOURABLE MR.JUSTICE V.PARTHIBAN

                                             W.P(MD)No.4070 of 2021

                      V.Sathiamoorthy                                   .. Petitioner

                                                          Vs
                      1.The Regional Passport Officer,
                        Tiruchirappalli Region,
                        West Boulevard Road,
                        Water Tank Building,
                        Tiruchirapalli – 620 008.

                      2.The Inspector of Police,
                        W-23, All Women Police Station,
                        Royapettah, Chennai.                            ... Respondents


                      PRAYER:Writ Petition filed under Article 226 of the Constitution of
                      India, praying to issue a Writ of Mandamus directing the 1st respondent to
                      renew the passport bearing No.J 4490193 pending on his file vide
                      reference No.TR1073174460320 dated 28.12.2020.
                                For Petitioner      : Mr.M.Vasantahakumar
                                For Respondent      : Mr.Paul Pandi
                                No.1                          Government Advocate



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http://www.judis.nic.in
                                                                           W.P(MD)No.4070 of 2021

                                                         ORDER

This writ petition has been filed seeking a direction to the 1st respondent to renew the passport bearing No.J 4490193 pending on his file vide reference No.TR1073174460320 dated 28.12.2020.

2.It is represented that a criminal cases is pending against the petitioner. According to the learned Counsel for the petitioner criminal original petition is pending before this court against the dismissal of the discharge petition by the subordinate Court. Therefore, it is for the petitioner to move the criminal Court in regard to his grievances projected in this writ petition.

3.This Court is of the considered view that the petitioner cannot maintain parallel proceedings under writ jurisdiction when the criminal case is pending at the instance of the petitioner. Therefore the proper course for the petitioner is to approach the criminal court or appellate Court wherever it is pending, seeking appropriate direction for renewal or issuance of passport.

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4.With the above observation the writ petition is dismissed as not maintainable. No costs.

                      Index    : Yes/No                               18.03.2021
                      Internet : Yes/No
                      dsk

                      To

1.The Regional Passport Officer, Tiruchirappalli Region, West Boulevard Road, Water Tank Building, Tiruchirapalli – 620 008.

2.The Inspector of Police, W-23, All Women Police Station, Royapettah, Chennai.

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