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Madras High CourtWP/44781/2016dismissed

K.R.Selvaraj, S/O.Ramasamy v. The Regional Passport Officer

2019-07-22Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.44781 of 2016 K.R.Selvaraj ...

Petitioner Vs The Regional Passport Officer, Royala Towers, Nos.2 & 3, 4th Floor, 158/785, Anna Salai, Chennai - 600 002.

...

Respondent Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the entire records relating to F.No.1600031_CPC_MAS, dated 03.11.2016 from the file of the respondent, quash the same and direct the respondent herein to dispose of the petitioner's representation dated 21.06.2016 made to respondent, (received by the respondent on 22.06.2016), about the forgery of petitioner's signature by Shri K.R.Mani, holder of the Passport No.H0153877 by following the direction issued by this Court on 04.08.2016 in W.P.No.27195 of 2016. For Petitioner : Mr.D.Shivakumaran For Respondent : Mrs.S.Meena Kumari Senior Panel Counsel

O R D E R

Heard Mr.D.Shivakumaran, learned counsel for the petitioner; Mrs.S.Meena Kumari, learned Senior Panel Counsel for the respondent and perused the materials available on record.

2. The petitioner has come forward with this Writ Petition for issuance of Writ of Certiorarified Mandamus to quash the order of the respondent dated 03.11.2016 and for a direction to dispose of his representation dated 21.06.2006.

3. It seems that one R.Mani alias K.R.Mani was issued with a Passport No.CO34939, dated 15.06.1987, which was valid upto 14.06.1997. Subsequently, he applied for re-issuance of the Passport on 28.07.1997 and obtained Passport No.A3469425, dated https://hcservices.ecourts.gov.in/hcservices/

11.08.1997, having validity till 10.08.2007. Thereafter, he applied re-issuance, vide file No.MASCO3049808 on 25.08.2008 and the Passport No.HO153877, dated 25.08.2008 was issued, valid till 24.08.2018.

4. The case of the petitioner is that while filing application for re-issuance of passport in the year 2008, the said K.R.Mani had produced a conduct certificate, forging the signature of the petitioner. Despite the complaint, the respondent did not take appropriate action and he was not provided with an opportunity of hearing in person.

5. In the counter filed by the respondent, it has been categorically stated that the said K.R.Mani had applied for reissuance on 25.08.2008, enclosing the earlier passport issued on 11.08.1997 and the ration card. It is further stated that subsequently clear police verification report was also received from the Police Authorities and a Passport was reissued in the year 2008. In the counter, it is further stated that the said K.R.Mani did not furnish certificate (conduct certificate as alleged by the petitioner) along with the passport application. Further, in the impugned order, the respondent has stated that the allegation of the petitioner could not be substantiated on relevant documents.

6. In the light of the above facts, I find no valid reason to interfere with the order impugned in this Writ Petition. In fine, the Writ Petition fails and the same is dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// r n s Sub Assistant Registrar To The Regional Passport Officer, Royala Towers, Nos.2 & 3, 4th Floor, 158/785, Anna Salai, Chennai - 600 002.

+1 cc to Mr.D.Shivakumaran, Advocate, S.R.No.62649 +1 cc to M/s.S.Meenakumari, Advocate, S.R.No.62501 W.P.No.44781 of 2016 EV(CO) SSM(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/