BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9905 of 2011 and M.P(MD)No.1 of 2011 S.Syed Ahamed Mustafa :Petitioner -Vs- 1.The Passport Officer, Passport Office, Madurai. 2.The Inspector of Police,Thidir Nagar Police Station,Madurai. :Respondents (R2 impleaded as party respondent as per the order of this Court dated 13.09.2011 made in MP(MD)No.2 of 2011 in WP(MD)No.9905 of 2011) Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari to call for the records relating to the impugned proceedings passed by the first respondent in his proceedings file No.MDUZ 48133411/adverse dated 04.08.2011 and quash the same as illegal. For Petitioner :Mr.M.Ajmal Khan For Respondents:Mr.K.K.Senthilvelan, Assistant Solicitor General of India for R.1 Mr.M.Govindan, Special Govt. Pleader for R.2 ORDER This writ petition has been filed by the petitioner to issue a writ of Certiorari to call for the records relating to the impugned proceedings passed by the first respondent in his proceedings file No.MDUZ 48133411/adverse dated 04.08.2011 and quash the same as illegal. 2.Heard Mr.M.Ajmal Khan, learned Counsel for the petitioner, Mr.K.K.Senthilvelan, learned Assistant Solicitor General of India appearing for the first respondent and Mr.M.Govindan, learned Special Government Pleader appearing for the second respondent. 3.By consent, the writ petition itself is taken up for final disposal. 4.The writ petition has been filed challenging the order passed by the first respondent - Passport Officer, Madurai, directing the petitioner to surrender his passport on the ground that a criminal case has been registered against him. 5.The learned Counsel for the petitioner submits that at the time of filing of the application for passport, no such case was pending, but before issuance of passport, a small altercation happened between the petitioner and his neighbour which got resolved and the F.I.R given by the defacto complainant was closed by the police as 'mistake of fact'. 6.The learned Special Government Pleader appearing for the second respondent, on instructions, submits that the private complaint given by the third party has been closed. 7.In view of the above, the cause of action for issuing the impugned proceedings does not survive and accordingly, the impugned proceedings passed by the first respondent in his proceedings file No.MDUZ 48133411/adverse dated 04.08.2011 is quashed. 8.The writ petition is allowed as above. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (AE) / TRUE COPY / Sub Assistant Registrar To:1.The Passport Officer,Passport Office,Madurai. 2.The Inspector of Police,Thidir Nagar Police Station,Madurai. Rsb W.P.(MD)No.9905 of 2011 and M.P(MD)No.1 of 2011 RP/16.09.2011/1P/3C. 16.09.2011 https://hcservices.ecourts.gov.in/hcservices/