RIAZLEE Vs. PASSPORT OFFICER

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of a writ of Mandamus, to direct the respondent to issue the petitioner, his renewed passport vide file No.MDUE 00116810.

(2.) According to the petitioner, he was issued a passport by the respondent, then at Trichy, which was valid up to the year 2007 and in the year 2007, he applied for another passport and the same was also issued and in August 2008 the passport was renewed and it is valid up to August 2010. On 28.01.2010, the petitioner applied for renewal of his passport by surrendering his existing passport. However, the respondent failed to renew the passport on the ground that a criminal case is pending against the petitioner. According to the petitioner, he is innocent and has not committed the alleged offence and by refusing to renew his passport his employment card given by Singapore Government would lapse and as he cannot travel to Singapore, on the above ground, the petitioner has filed the present writ petition.

(3.) The respondent has filed a counter affidavit stating that the petitioner applied for re-issue of passport against his old passport dated 07.08.2008 issued by the High Commission of India, Singapore. The matter was referred to the Superintendent of Police, Ramanathapuram for verification of character and antecedence under Section 5(2) of the Passports Act, 1967. The Superintendent of Police, Ramanathapuram, in his report, has stated that the petitioner is involved in a criminal case in Crime No.200/2002 on the file of the Kenikarai Police Station for the offence under Sections 147, 148, 241, 323, 324 and 302 I.P.C. and he is the fifth accused in the said case and it is pending trial before the learned Additional District and Sessions Judge (FTC), Ramnad in S.C.No.91 of 2005 and the Superintendent of Police has not recommended for issue of passport. It is further stated in the counter affidavit that once the criminal case is over and after the petitioner is acquitted, the personal particulars form of the petitioner will be sent to the Superintendent of Police, Ramanathapuram for re-verification and based on clear report recommending issue of passport, his application will be considered. Therefore the respondent has prayed for dismissal of the writ petition.