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Madras High CourtWP/5501/2020disposed of

M.Sathiyamoorthy v. The Regional Passport Officer,

2020-03-16Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5501 of 2020 and W.M.P.No.6441 of 2020 M.Sathiyamoorthy S/o.N.Muruganantham

...Petitioner

Vs.

1.The Regional Passport Officer Regional Passport Office Royala towers Nos.2 and 3, IV Floor Old No.785, New No.158, Anna Salai, Chennai-600 002.

2.The Joint Secretary (PSP) & Chief Passport Officer Ministry of External Affairs CPV Division, Patiala House Tilak Marg, New Delhi - 110 001.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent impugned order dated 26.12.2019 in Passport Application File No.MA3070884843918 and quash the same and consequential order by way of direction directing the 1st and 2nd respondents to reissue the passport in Application File No.MA3070884843918 in favour of the petitioner. For Petitioner :

Mr.R.Singaravelan Senior counsel for Mr.T.Ramachandran For Respondents :

Ms.N.K.Nithilavani Central Government Standing Counsel

ORDER

The challenge made in this writ petition is against the order of the first respondent dated 26.12.2019 in refusing to issue the passport.

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2. It is admitted by both sides that as against the said proceedings, the petitioner has already filed an appeal before the Appellate Authority viz., the second respondent on 17.01.2020 and the said appeal is still pending.

3. The learned Central Government Standing Counsel for the respondents submitted that the said appeal will be taken up and decided on merits and in accordance with law, within the time stipulated by this Court.

4. Considering the above stated facts and circumstances and without expressing any view on the merits of the claim made by the respective parties, this Writ Petition is disposed of, only by directing the second respondent/Appellate Authority to consider the appeal filed by the petitioner on 17.01.2020 and pass orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (C.S.III) /True Copy/ Sub Assistant Registrar To 1.The Regional Passport Officer Regional Passport Office Royala towers Nos.2 and 3, IV Floor Old No.785, New No.158, Anna Salai, Chennai-600 002.

2.The Joint Secretary (PSP) & Chief Passport Officer Ministry of External Affairs CPV Division, Patiala House Tilak Marg, New Delhi - 110 001.

+1 cc to M/s.T.Ramachandran,Advocate Sr.No. 22987 AKM/17.03.2020/2P-4C / W.P.No.5501 of 2020 Page No. 2/2 https://hcservices.ecourts.gov.in/hcservices/