C.Radhakrishnan v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE M. DHANDAPANI C.Radhakrishnan ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers No.2 and 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 mandamus to direct the respondent to re-issue the passport of the petitioner bearing No.L9115902 vide re-issue passport Application File No.MA2075289968923.

For Petitioner :

Mr.K.S.Arumugam For Respondent :

Mrs.P.J.Anitha Standing Counsel

ORDER

This writ petition has been filed seeking for issuance of a writ of mandamus to direct the respondent to re-issue the passport of the petitioner 1/4

bearing No.L9115902 vide re-issue passport Application File No.MA2075289968923.

2. Mrs.P.J.Anitha, learned Standing Counsel takes notice for the respondent. In view of the consent expressed by learned counsel on either side, this writ petition is taken up for final hearing at the admission stage itself.

3. It is the case of the petitioner that he is in possession of the Indian Passport bearing No.L9115902, valid till 06.05.2014. Since the said passport was damaged, the petitioner made an application before the respondent dated 24.04.2023 seeking to re-issue the passport of the petitioner. Alleging the pendency of the criminal cases against the petitioner, the respondent issued a show cause notice dated 10.05.2023, calling upon the petitioner for explanation of the above said Act, pursuant to which the petitioner submitted his explanation dated 14.06.2023 to the respondent and requested to re-issue passport in his favour. However, the said application dated 24.04.2023 submitted by the petitioner was not considered. Hence the present writ petition.

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4. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that this Court may issue a direction to the respondent to consider the petitioner's representation dated 24.04.2023 and pass appropriate orders within the time frame that may be stipulated by this Court.

5. Learned standing counsel appearing for the respondent submits that the petitioner's explanation dated 14.06.2023 pursuant to the show cause notice dated 10.05.2023 issued by the respondent will be considered and appropriate orders will be passed in the manner known to law.

6. Though the petitioner has sought for a direction to the respondent seeking to re-issue the passport of the petitioner, however, in view of the stand taken by the learned standing counsel appearing for the respondent, this Court directs the respondent to consider the explanation dated 14.06.2023 submitted by the petitioner for the show cause notice dated 10.05.2023 issued by the respondent and pass appropriate orders after affording an opportunity of personal hearing to the petitioner within a period of two weeks from the date of receipt of a copy of this order. 3/4

M.DHANDAPANI, J.

rap

7. This writ petition is accordingly disposed of. No costs. 27.06.2023 Index : Yes / No Speaking order / Non speaking order : Yes / No (rap) Note to Office: Issue oder copy on 28.06.2023. To The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

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