Ritesh Kumar Solanki, v. Regional Passport Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-07-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.21483 of 2014 and M.P.No.1 of 2014 Ritesh Kumar Solanki .. Petitioner vs 1.Regional Passport Officer No.1, Bhanumathi Ramakrishna Road Saligramam, Chennai 600 093 2.Regional Passport Officer Regional Passport Office, Bangalore 8th Block, 80 Feet Road Koramangalam Bangalore 560 095 Karnataka 3.Regional Passport Officer Royala Towers No.2 and 3, 4th Floor Old No.785, New No.158, Anna Salai, Chennai 600 002 4.Chief Passport Officer Office of the Chief Passport Office Room No.8, Patiala House Tilak Marg, New Delhi 110 001 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to re-issue the passport in File No.MA1071972266713 of the petitioner.
For Petitioner : Mr.R.Priyakumar For Respondents : No appearance
ORDER
The petitioner would state that he was originally residing at Door No.67, 2nd Cross I Floor, 8th Main, Central Excise Layout, Vijayanagar, Bangalore and was carrying on the business of export and import along with his brother, and while he was residing there, applied for passport and was granted passport bearing No.F0725650, with a validity of 10 years from 28.10.2004 to 27.10.2014, and he later on, shifted to Chennai to manage the business and applied for
change of address and for reissue of passport and his application was accepted vide File No.MA1071972266713 and however, he has not been reissued with the passport with the change of address and on enquiry, came to know that with regard to his involvement in a Custom's case, there is some problem in acceding to his request. The petitioner would further state that the issue related to mis-declaration of goods, wherein, he signed the document viz. Bill of Lading, on the belief of one person, and after investigation, the Appellate Authority held that the main abettor and habitual offender was one Rajesh Ballar and penalty amount imposed on the petitioner, was also reduced and hence, there cannot be any impediment to consider the request made by the petitioner.
2.The matter was listed for admission on 11.8.2014, and on that day, Mr.N.Ramesh, learned Standing Counsel, accepted notice on behalf of the respondents, and sought time to get instructions and thereafter, the matter has been adjourned twice. 3.The matter is listed today. It was called in the morning and there was no representation on behalf of the respondents and it was passed over. It is called in the afternoon, and again, there is no representation on behalf of the respondents. 4.The learned Counsel appearing for the petitioner, would submit that pendency of the writ petition, the petitioner submitted a representation dated 10.6.2015, to the third respondent praying for re-issuance of passport with the address at Chennai and the said representation has not been disposed of.
5.This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the third respondent to consider and dispose of the petitioner's representation dated 10.6.2015, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar nsv To:
1.The Regional Passport Officer No.1, Bhanumathi Ramakrishna Road Saligramam, Chennai 600 093 2.The Regional Passport Officer Regional Passport Office, Bangalore 8th Block, 80 Feet Road Koramangalam, Bangalore 560 095, Karnataka
3.The Regional Passport Officer Royala Towers No.2 and 3, 4th Floor Old No.785, New No.158, Anna Salai, Chennai 600 002 4.The Chief Passport Officer Office of the Chief Passport Office Room No.8, Patiala House Tilak Marg, New Delhi 110 001 +1 cc to Ms.R.priyakumar, Advocate,Sr.35350.
Jsv(co) krd 16/7 W.P.No.21483 of 2014