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Madras High CourtWP/14947/2022disposed of

N.Silambuselvam v. The Regional Passport Officer

2022-07-04Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Silambuselvan .. Petitioner Vs.

The Regional Passport Officer, Chennai Royala Towers No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondent to consider and pass orders on petitioner's representation dated 12.03.2022 which was made by the petitioner with a request to process his Passport Application No.MA1061503913318 and to issue a fresh passport. For Petitioner : Mr.N.Lakshmanan For Respondent : Mr.Prasad Vijayakumar Senior Panel Counsel

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to consider the petitioner's representation dated 1/4

12.03.2022, seeking for issuance of fresh passport in his name, within a time frame to be fixed by this Court.

2. According to the petitioner, he was earlier having a passport issued by the respondent and he was working in Singapore and while working in Singapore, he had lost the same and had to return to India by virtue of an emergency certificate issued by the respondent in the year 2002. Thereafter, the petitioner applied for a fresh passport on 18.09.2018. Even though, the respondent had issued a show cause notice to the petitioner with regard to the fresh application and was suitably replied, no final orders have been passed for issuance of passport in favour of the petitioner. In such circumstances, the petitioner has filed this Writ Petition.

3. Heard Mr.N.Lakshmanan, learned counsel appearing for the petitioner and Mr.Prasad Vijayakumar, learned senior panel counsel for the respondent.

4. Since an explanation has already been submitted by the petitioner to the show cause notice received from the respondent with regard to the query raised by them in respect of the previous passport, no prejudice will be 2/4

caused to the respondent if the petitioner's application is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him the right of personal hearing. It is for the respondents to take a call after holding a proper enquiry as to whether the petitioner can be issued with a fresh passport or not.

5. For the foregoing reasons, this Court directs the respondent to pass final orders on the petitioner's application dated 18.09.2018 followed by his representation dated 12.03.2022 on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him the right of personal hearing, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the aforesaid directions, this Writ Petition is disposed of. No costs.

04.07.2022 Speaking/Non-speaking order Index: Yes/No Sni 3/4

ABDUL QUDDHOSE,J.

Sni To The Regional Passport Officer, Chennai Royala Towers No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

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