Chandrasekar v. The Regional Passport Officer

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No. 24800 of 2021 R.Chandrasekar S/o.Rajagopalan, No-40/10, V.O.C. Street, Nagapattinam Taluk, Nagapattinam District ... Petitioner

Versus

1. The Regional Passport Officer, Regional Passport Office, Rayala Towers No.2&3 IV Floor, old No. 785 New.No.158 Anna Salai, Chennai - 600 002.

3. The Inspector of Police, Nagoor Police Station, Nagapattinam District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus or any other writ or direction, directing the respondent's renewal of petitioner's passport No. Z5279524 in pursuant to the petitioner representation dated 05.08.2021.

For Petitioner : Mr. P.Muthamizh Selvakumar For Respondents :Ms.V.Sudha(for R1) Mr.U.Bharanidharan Additional Government Pleader (for R2)

O R D E R

This writ petition has been filed for seeking for issuance of Writ of Mandamus or any other writ or direction, directing the respondent's renewal of petitioner's passport No. Z5279524 in pursuant to the petitioner representation dated 05.08.2021.

2.The case of the petitioner is that the petitioner is doing business. For his business, he had to go to abroad for a short time. While so, a criminal case was registered against the petitioner in Crime No.794 of 2006 under section 420 of IPC, wherein the petitioner arrayed as accused. In view of the criminal case pending against the petitioner, the petitioner's passport was not issued. Earlier occasion, for non-renewal of the passport, the petitioner filed a writ petition in W.P.No.24949 of 2019 and this Court by its order dated 06.11.2018 issued a direction to the respondent to approach the authority concerned with an undertaking that he will appear before the trial Court as and when required and on such undertaking of the authority concerned shall issue a fresh passport to the petitioner in terms of G.S.R. 570(E) dated 25.08.1993.

In compliance of that the petitioner was issued a passport in the year 2019. Since, the passport is valid for one year, the petitioner filed a representation in terms of 570(E) of 25.08.1993. However, till date no order was passed. Hence, the present writ petition is filed.

3.Mr.P.Muthamizh Selvakumar, learned Counsel for the petitioner submits that this Court may issue a direction to the passport authority to renew the passport in terms of G.S.R. 570(E) dated 25.08.1993.

4.Ms.V.Sudha, learned Counsel for respondent R1 submits that appropriate orders will be passed in terms of above said notification to the petitioner within a period as fixed by this Court.

5. Considering the limited request made by the petitioner, this court is inclined to direct the respondents to consider the representation of the petitioner dated 05.08.2021 in terms of G.S.R.570(E) and pass appropriate order in accordance with law within a period of eight weeks from the date of copy of this order.

6.Accordingly, this Writ Petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Sma To

1. The Regional Passport Officer, Regional Passport Office, Rayala Towers No.2&3 IV Floor, old No. 785 New.No.158 Anna Salai, Chennai - 600 002.

2. The Inspector of Police, Nagoor Police Station, Nagapattinam District.

+1cc to Mr.P.Muthamizh Selvakumar, Advocate Sr.59958 +1cc to M/s.V.Sudha Advocate Sr.59702 +1cc to the Government Pleader Sr.60036 W.P. No. 24800 of 2021 kg[co] srg 14/12/2021