Yasodha v. Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.18068 of 2023 Yasodha ... Petitioner Vs.
Regional Passport Officer, Regional Passport Office, 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 for issuance of a Writ of Certiorari, to call for the records relating to File No.MA3061026961118 dated 16.03.2018 on the file of the respondent and quash the show cause notice, Letter Ref.No.SCN/313858067/22 dated 05.12.2022.
For Petitioner : Mr.V.Ravikumar For Respondent : Mr.M.Sathyan Additional Central Government Standing Counsel ***** 1/4
ORDER
The Writ Petition is filed seeking for a Writ of Certiorari, to call for the records relating to File No.MA3061026961118 dated 16.03.2018 on the file of the respondent and quash the show cause notice, Letter Ref.No.SCN/313858067/22 dated 05.12.2022.
2. The case of the petitioner is that, she made an application before the respondent seeking issuance of passport on 16.03.2018. However, the respondent has issued a show cause notice dated 05.12.2022 calling for explanation from the petitioner. Pursuant to which, the petitioner sent a reply dated 15.12.2022 along with all educational proof stating that she is a citizen of the country and she has not suppressed any material facts. Even thereafter, the respondent has once again issued show cause notice dated 29.03.2023 directing the petitioner to appear at the Regional Passport Office with necessary clarifications/explanation along with petitioner's Birth Certificate and proof of Indian Nationality of either of her parents within 21 days from the date of issue of the letter. Since the petitioner's passport application was not considered, the petitioner filed the above writ petition.
3. Though very many grounds have been raised in the above writ petition, the learned counsel for the petitioner submits that, it would suffice, if 2/4
this Court issues a direction to the respondent to consider petitioner's passport application dated 16.03.2018 and pass appropriate orders, within a time frame that may be stipulated by this Court.
4. The learned Additional Central Government Standing Counsel appearing for the respondent submitted that, the petitioner has obtained Indian Passport by suppressing the material information about her Srilankan nationality. He further submits that the petitioner's application will be considered in the manner known to law.
5. Heard the learned counsel on both sides and perused the materials available on record.
6. Considering the limited relief sought by the petitioner, this Court, without going into the merits of the case, permits the petitioner to appear before the respondent within a period of two weeks from the date of receipt of a copy of this order and on such appearance, the respondent is directed to conduct enquiry and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks thereafter.
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M.DHANDAPANI, J.
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7. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 28.06.2023 Index : Yes / No (2/2) Speaking order / Non-speaking order sp To The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.
and W.M.P.No.18068 of 2023 (2/2) 4/4