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Madras High CourtWP/17832/2025disposed of

Joseph Sundar Raj v. The Regional Passport Officer

2025-06-04Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P.No. 17832 of 2025 Mr.Joseph Sundar Raj ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2&3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600002.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider online application vide No.ARN:24-1007663629, dated 19th June, 2024 and reissue the renewed passport to the petitioner. For Petitioner : Mr.A.T.John Victor For Respondents : Mr.K.Balaji Central Government Counsel 1/6

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondent to consider the application submitted by the petitioner on 19.06.2024 wherein, the petitioner has sought for renewal of the passport.

2. Heard Mr.A.T.John Victor, learned counsel appearing on behalf of the petitioner and Mr.K.Balaji, learned Central Government Counsel appearing for the respondent.

3. The case of the petitioner is that the passport was issued in his name in the year 1998 by the Passport Authority, Tiruchirapalli. Thereafter, the petitioner lost his original passport and hence, he applied for a fresh passport in the year 1999. A fresh passport was issued by the Passport Authority on 04.01.1999. After expiration of the period, it was renewed and re-issued in the year 2011 and this passport was valid till 14.02.2021. The petitioner, thereafter, applied for passport by adding the name of his wife and a new passport was issued in the meantime, on 11.07.2014, which was valid till 10.07.2024. Thus, the petitioner had one passport which was 2/6

issued in the year 2011 and which was valid till 2021. Simultaneously, the petitioner had another passport which was issued in the year 2014 and which was valid till 2024.

4. The petitioner applied for renewal of his passport which was about to expire, on 16.06.2024. The petitioner was called for an enquiry and the petitioner was asked for some explanation regarding the multiple passports that were given in his name. The stand taken by the petitioner is that in respect of the explanation given and the affidavits filed, the passport was not renewed and a communication dated 19.08.2024 came to be issued. A legal notice was given on 01.09.2024 to the Passport Authority calling upon the authority to renew the passport. The same did not evoke any response. It is, under these circumstances, the present writ petition has been filed before this Court.

5. The learned Central Government Counsel appearing on behalf of the respondent submitted that it is a case of multiple passports which stood in the name of the petitioner and the respondent wanted to get an explanation from the petitioner regarding the same. Keeping this in mind, 3/6

communication dated 19.08.2024 was issued to the petitioner. The petitioner without giving a proper explanation, issued a legal notice and thereafter, has approached this Court.

6. Contending contra, the learned counsel appearing for the petitioner submitted that the petitioner has travelled across the globe with the available passport and in the guise of giving the explanation and filing affidavit, the respondent is refusing to renew the passport.

7. In the considered view of this Court, the only dispute in this case is regarding the multiple passports which stood in the name of the petitioner. This fact has been mentioned by the petitioner even in the affidavit filed in support of the writ petition. Therefore, the petitioner has to give a proper explanation as to why he applied for a passport in the year 2014 when there was already a passport in his name in the year 2011 which was valid upto 2021. If the petitioner gives a proper explanation and satisfies the Authority that there was no misuse of the passport and that the petitioner was always using the passport that was given in the year 2014, till it expired on 16.06.2024, the respondents will have to consider the same and take a 4/6

decision. Hence, the petitioner must help the respondent to take a decision instead of getting confrontational.

8. In the light of the above discussion, there shall be a direction to the petitioner to appear before the respondent on 11.06.2025 and submit his explanation along with all the relevant documents. The respondents shall take a decision within a period of two weeks thereafter.

9. This writ petition is disposed of with the above directions. No costs.

04.06.2025 kkn Internet : Yes/No Index : Yes/No Speaking order:Yes/No Note:Issue Order Copy on 11.06.2025 5/6

N.ANAND VENKATESH, J.

KKN To:

The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2&3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600002.

W.P.No. 17832 of 2025 04.06.2025 6/6