Shaik Mohamed v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.13631 of 2019 and W.M.P.Nos.13702 & 13704 of 2019 Shaik Mohamed S/o.Haja Mohideen

...Petitioner

Vs.

The Regional Passport Officer Rayala Toers No.2 & 3, 4th Floor Old No.785, New No.158, Anna Salai, Chennai-600 002.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the respondent herein in his Letter under Ref.No.SCN/307011269/2018 dated 25.04.2018, quash the same and direct the respondent herein to process the petitioner's renewal application dated 17.05.2017, renew and reissue a fresh valid passport to the petitioner. For Petitioner :

Mr.Haja Mohideen Gisthi For Respondent :

Mr.J.Madanagopal Rao Central Government Standing Counsel

O R D E R

This writ petition is filed challenging the proceedings of the respondent dated 25.04.2018, wherein and whereby, the petitioner was called upon to provide explanation within 30 days in respect of a criminal case filed against him, in order to consider his application for issuing passport. Consequently, the petitioner sought for a direction to the respondent to process his renewal application dated 17.05.2017 and reissue the passport.

https://hcservices.ecourts.gov.in/hcservices/

2. After notice and adjourning the matter for few occasions, the writ petition is taken up today, for further hearing.

3. Mr.S.Haja Mohideen Gisthi, learned counsel for the petitioner submitted that during pendency of this writ petition, the respondent has issued a communication dated 16.05.2019 stating that the petitioner's passport application No.MA2070484552117 was closed and however, the petitioner may apply for fresh passport with all the documents and required fees by quoting the previous file number at the appropriate places in the relevant forms. Therefore, he contended that the petitioner will file fresh application with relevant documents so that the respondent may consider the same and pas appropriate orders.

4. The learned Central Government Standing Counsel appearing for the respondent submitted that if any such application is filed, the authority will consider the same and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of such application.

5. The said statement made by the learned counsels appearing on either side is recorded and the Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

s/dAssistant Registrar True Copy Sub-Assistant Registrar mk To The Regional Passport Officer Rayala Toers No.2 & 3, 4th Floor Old No.785, New No.158, Anna Salai, Chennai-600 002.

+cc to Mr.S.Haja Mohideen gisthi, Advocate, SR No. 22503 +cc to Mr.T.Madanagopal Rao, Advocate, SR No. 22488 W.P.No.13631 of 2019 KS(CO) RN(28/07/2020) https://hcservices.ecourts.gov.in/hcservices/