ORDER

The Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the first respondent to issue passport to the Petitioner in Application NO.MD 2074655168122, dated 7.10.2022, within the time stipulated by this Court.

2.Mrs.L.Victoria Gowri, learned Assistant Solicitor General of India takes notice for the first respondent and Mr.B.Thanga Aravindh, learned Government Advocate(Crl.Side) takes notice for the second respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the Petitioner had applied for passport in the year 2005 and was issued with the same in Passport No.F6478511 by the Regional Passport Officer, Tiruchirappalli, which is valid for a period of ten years from the date of issuance.The Petitioner had worked as Driver in Maldives from the year 2007 to 2016 and thereafter the Petitioner applied for renewal of passport in the year 2015 and passport has been issued to him in Passport No.0491456 by the first respondent, which is valid for a further period of ten years. Due to illhealth and Covid-19 pandemic, the Petitioner had not gone to abroad. On 22.8.2022 when the Petitioner travelled from Bethelpuram to Nagercoil, he had lost all his belongings which includes the passport as above mentilned and hence a complaint was lodged with the Inspector of Police, colachel.Thereafter, the Petitioner applied for passport vide Application No.MD2074655168122 enclosing with all the requisite documents and also the complaint already lodged. Whileso, the Petitioner received a communiation from the first respondent on 9.11.2022 stating that a case in Crime No.113 of 2022 for the offence punishable under Sections 143 and 341 of IPC is pending against him and sought for explanation within thirty days regarding the suppression of the above FIR in the passport applifation.When enquired with the second respondent Police, he came to know that the Petitioner had participated in an agitation against the Central Government regarding rise in the price of rice and however, his name was not found place in the FIR. Since the Petitioner's claim for issuance of passport was not heeded to by the respondents, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Assistant Soliciter General of India appearing for the first respondent and the learned Government Advocate(Crl.Side)would submit that the Petitioner had participated in an agitation against the Central government regarding rise in the price of rice and that the above said FIR has been pending against him, but not yet charge-sheeted and has also not invovled in any other previous case.

5.The learned counsel for the Petitioner produced a decision of this Court in the case of W.Jaihar William and others .vs. The State of Tamil Nadu and others reported in 2014(2) CWC 684, wherein, it has been observed as follows:

''8........the applications submitted by the Petitioners for passport were not considered by the third respondent for the reason that FIRs are pending against them. The Superintendent of Police , Tirunelveli, has filed counter affidavits stating that First InformationReports have been filed against the Petitioners for the alleged offences, stated supra, since they are involved in the agitation against the Koodankulam Nuclear Project. So far as the Petitioner in W.P(MD)NO.8349 of 2014 is concerned, the criminal case has been registered under Sections 147, 148, 294(b), 353 and 307 IPC. Since the FIRs are pending against the Petitioners, the third respondent has not considered the applications of the Petitioners, by placing reliance on section 6(2)(f) of the Passports Act, 1967.Section

6(2)(f) reads as follows:

6.Refusal of passports,travel documents, etc---(i)....

(2)subject to the other provisions of this Act, the Passport Authority shall refuse to issue a passport or travel document for visiting any foreign country under Clause © o