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Madras High CourtWP/2079/2016disposed of

M.A.Abul Hassan v. The Regional Passport Officer

2018-02-22Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.2079 of 2016 M.A.Abul Hassan .. Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, Rayala Towers No.2 and 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 for issuance of Writ of Mandamus to direct the respondent to reissue the passport bearing No.F.2620431 issued on 16.04.2015 at Chennai vide file No.MA2078007992914 to the petitioner based on the representation dated 11.12.2015. For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mr.P.Saravanan, ACGSC

O R D E R

The petitioner seeks for a Mandamus directing the respondent to reissue his passport bearing No.F.2620431 issued on 16.04.2015 at Chennai, vide file No.MA2078007992914 to the petitioner based on the representation dated 11.12.2015.

2. The case of the petitioner is that the passport originally issued to him on 16.04.2005 bearing No. F.2620431 was missed at U.S.A. and he has also lodged a complaint regarding the same. It is further stated that the petitioner applied for re-issue and renewal of the passport in the year 2014 and the said application has not been considered so far.

3. In the counter affidavit filed by the respondent, it is stated that while processing the application of the petitioner for re-issue of passport, it was noticed that the petitioner had earlier obtained passport No.A3816058 dated 06.09.1997 valid https://hcservices.ecourts.gov.in/hcservices/

till 05.09.2007 and subsequently, applied for additional booklet and obtained passport No.F2496231 dated 23.02.2005. It is further stated that the show cause notice was issued on 15.12.2014 to the petitioner seeking explanation regarding the circumstances under which the petitioner had suppressed the material information in his passport application and obtained two additional passports at a time. It is further stated that the petitioner has not furnished the explanation so far.

4. Learned counsel appearing for the petitioner submitted that the petitioner has already furnished his explanation on 31.12.2014 itself. 5. Learned counsel appearing for the respondent submitted that no such explanation was received by the respondent office and however, if the petitioner gives one more explanation, the same will be considered and orders will be passed on merits and in accordance with law.

6. Considering the above stated facts and circumstances, without expressing any view on the merits of the matter, this writ petition is disposed of by directing the petitioner to given his explanation to the show cause notice within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondent shall consider the same and pass orders on merits and in accordance with law within a period of four weeks thereafter. No costs. s/d- Assistant Registrar(CS IX) True Copy Sub-Assistant Registrar vsi To The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, Rayala Towers No.2 and 3, 4th Floor, Old No.785, New No.158 Anna Salai, Chennai - 600 002.

+1 cC to Mr.P.Saravanan, Advocate sr 13886.

W.P.No.2079 of 2016 KAN(CO) SP(27/02/2018) https://hcservices.ecourts.gov.in/hcservices/