Madras High CourtWP/861/2022disposed of

Mohamed Basheer v. The Passport Officer

2022-01-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.861 of 2022 Mohamed Basheer ... Petitioner Vs The Passport Officer, Regional Transport Office, No.158, Annasalai, Chennai-600 002 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to reissue a new passport for the period of 10 years based on the petitioner's application dated 15.03.2021.

For petitioner : Mr. T. Padmanabhan For Respondent : Mr. G. Elangovan

ORDER

The present petition has been filed seeking a direction to the respondent for issuance of a new passport pursuant to the representation dated 15.03.2021 made by the petitioner for the same.

2. Mr. G. Elangovan, learned counsel takes notice for the respondent.

3. The case of the petitioner is that the petitioner is doing a business of selling Electronics item. While being so, when he travelled abroad for the purpose of doing his business, he was arrested under the pretext of involving in smuggling of sea cucumber, at which time his passport was seized by the enquiry officer and the passport was handed over to the respondent herein, since the same was issued by the respondent. Later, the petitioner was enlarged on bail. After the passport was expired, the petitioner made an application to the respondent for re-issuance of a new passport, however the said application was not considered. Thereafter, the petitioner moved an application for extension of expiry date, before the Learned Chief Judicial Magistrate Barasat, the said application https://hcservices.ecourts.gov.in/hcservices/

was forwarded to the respondent herein. Despite which, the respondent being complacent over the issue, the petitioner had made a representation dated 15.03.2021 to the respondent for re-issuance of a new passport. However, till date, the same has not been considered. Hence, the present petition is filed seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel appearing for the petitioner submits that it would suffice if this Court issues a direction to the respondent to consider the representation dated 15.03.2021 and dispose of the same in accordance law within the time stipulated by this Court.

5. Heard the learned counsel on the either side and perused the materials available on record.

6. Upon perusal of the materials available on record, this Court without going into the merits of the case, directs the respondent herein to consider the petitioner's representation dated 15.03.2021 and dispose of the same in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar NHS To The Passport Officer, Regional Transport Office, No.158, Annasalai, Chennai-600 002 +1cc to Mr.G.Ilangovan, Advocate, S.R.No.4557 W.P.NO.861 of 2022 SR(CO) SB(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/