M.THENNARASU Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The Petitioner has prayed for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent's impugned communication No.SCN/311999501/22 dtd. 6/1/2022 and quash the same and consequently direct the first respondent to issue passport to the petitioner by considering the petitioner's application No. MD1063845660921 dtd. 29/12/2021 and for other reliefs within a period stipulated by this Court.

(2.) Heard Mr.S.Atham Ali, learned counsel appearing for the petitioner, Mr.Ashok Kumar Ram, learned Counsel appearing for the first respondent and Mrs. M.Aasha, learned Government Advocate (Crl.side) appearing for the second respondent.

(3.) The learned counsel for the petitioner would submit that due to some motive, the petitioner has been implicated as an accused in Cr.No. 296 of 2019 for the offences under Ss. 147, 294(b), 323 of IPC, on the file of the Thiruppuvanam Police Station and as on date, no charge sheet has been filed. In the meantime, in order to pursue the job in the abroad, the petitioner applied for passport in application No. MD1063845660921 on 29/12/2021. After scrutinizing the application, it was brought to the notice of the first respondent that he was involved in the criminal case and hence, his application was rejected on 6/1/2022. The first respondent issued a letter in SCN/311999501/2022 stating that he had suppressed the registration of case registered against him in Crime No.296 of 2019, on the file of the second respondent and directed the petitioner to give an explanation regarding the said criminal case. Based on that, the petitioner has submitted an explanation to the first respondent stating that the case registered as against him as a false one and the maximum punishment for the alleged offences is 3 years and even after receipt of his explanation, the first respondent has not pass any orders in his application. Being left with no other alternative efficacious remedy, the petitioner constrained to file this writ petition before this Court.