Sivanesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Sivanesan ... Petitioner Vs.

1. The District Collector, Tiruvannamalai District.

2. The Regional Passport Office, Chennai Royala Towers, No.2 & 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

3. The Inspector of Police, Vanapuram Police Station, Tiruvannamalai District, Crime No.1438 of 2020.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, the 2nd respondent to consider the petitioners passport renewal Application No.ARN:23-1000448399 dated 16.01.2023 on the file of the 2nd respondent and further direct the 2nd respondent to issue Passport.

For Petitioner : Mr.Silambuselvan For Respondents : Mr.S.Balamurugan Government Advocate for R1 Mrs.V.Sudha, CGC for R2 1/4

O R D E R

This writ petition has been filed seeking for issuance of a writ of mandamus to direct the 2nd respondent to consider the petitioners passport renewal Application No.ARN:23-1000448399 dated 16.01.2023 on the file of the 2nd respondent and further direct the 2nd respondent to issue Passport.

2. Mr.Balamurugan, learned Government Advocate accepts notice for the first respondent, Mrs.V.Sudha, accepts notice for the second respondent. In view of the consent expressed by learned counsel appearing on either side this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the case of the petitioner that he married one Monisha in the year 2019 and he claims that said Monisha committed suicide and expired in the year 2020, for which his father-in-law has given a complaint against the petitioner before the third respondent for offence u/s. 174 (iii) of Cr.P.C @ Section 498 (A), 306 of IPC on 10.06.2020, which is still pending. Since the petitioner got a job opportunity at Qatar, the petitioner applied for renewal of his passport on 16.01.2023, through online. Since there was delay in issuing the passport, the petitioner has filed the present writ petition. 2/4

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the second respondent to consider the petitioner's passport renewal application dated 16.01.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

5. On the above contentions heard learned Government Advocate appearing for the first respondent and learned Central Government counsel appearing for the second respondent and perused the materials placed before this Court.

6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the second respondent to consider the petitioner's application dated 16.01.2023 and pass appropriate orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of. No costs. 09.06.2023 rap Index : Yes / No Speaking order : Yes / No NCC : Yes/No 3/4

M.DHANDAPANI, J.

rap To

1. The District Collector, Tiruvannamalai District.

2. The Regional Passport Office, Chennai Royala Towers, No.2 & 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

3. The Inspector of Police, Vanapuram Police Station, Tiruvannamalai District, Crime No.1438 of 2020.

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