Madras High CourtWP/37625/2015disposed of

R.Gopalakrishnan v. The Regional Passport Officer

2021-09-28Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 37625 of 2015 R.Gopalakrishnan ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation Commercial Complex, Opposite toThandu Mariamman Kovil, Avinashi Road, Coimbatore - 641 108.

...Respondent

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondent herein to issue a fresh passport to the petitioner, as directed by the respondent in his letter dated 01.12.2014, by considering the petitioner's application dated 10.09.2015 in File No.CB1068806105715.

For Petitioner : Ms.Revathy for Mr.R.Nalliyappan For Respondent : Mr.L.Murugan

O R D E R

The relief sought for in the present Writ Petition is to direct the respondent to issue a fresh passport to the petitioner as directed by the respondent in his letter dated 01.12.2014, by considering the application submitted by the writ petitioner on 10.09.2015.

2. The petitioner states that initially the Regional Passport Office, Chennai has issued a Passport No. U218160 dated 21.06.1985 to the petitioner and the same has been expired on 20.06.1995. The petitioner states that he did not travel outside India. The petitioner further submitted a fresh application for a new Passport and the said application has not been considered.

3. Grant of passport has to be considered strictly in accordance with the provisions of the Passport Act and the Rules and Regulations therein. However, it is brought to the notice of https://hcservices.ecourts.gov.in/hcservices/

this Court that again the passport was given in the year 1999 which was also expired. Thus, it is for the petitioner to pursue the application before the competent authority who in turn is empowered to consider the same in accordance with the statute and rules in force. Contrarily, an adjudication in respect of the eligibility in accordance with the rules cannot be done in a writ proceedings under Article 226 of the Constitution of India.

4. In view of the above, the petitioner is at liberty to pursue with the application before the competent authority. Accordingly, this Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar vji / mka To The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation Commercial Complex, Opposite to Thandu Mariamman Kovil, Avinashi Road, Coimbatore - 641 108.

W.P. No. 37625 of 2015 MG(CO) GN(13/10/2021) https://hcservices.ecourts.gov.in/hcservices/