S.Sethuraman v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.27473 of 2022 S.Sethuraman ....

Petitioner -Vs1 The Inspector General 2X3 plus 989 Race Course Road Thomas Park Race Course Coimbatore-641 018.

2 The Deputy Inspector General No.5 Dr.Abdur Rahim Road Coimbatore Central Coimbatore-641 018.

3 The Commissioner of Coimbat ore Police Corporation of Coimbatore Coimbatore-641 018.

4 The Chief Passport Officer PSP Division Ministry of External Affairs Room No.8 Patiala House Tilak Marg New Delhi-110 001.

5 Public Grievance Officer PSP Division Ministry of External Affairs Room No.8 Patiala House Tilak Marg New Delhi-110 001.

6 Passport Vigilance Unit Ministry of External Affairs Room No.5 Patiala House Tilak Marg New Delhi-110 001. 1 / 5

7 The Immigration officer Passport Authority Rayala Towers Tower-2 4th Floor Anna Salai Chennai-78.

8 The Regional Passport Author ity 1st Floor Corporation Commercial Complex Thandumariamman Kovil Avinashi Road ATT Colony Gopalapuram Coimbatore-641 018.

9 K.Subashini ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation dated 03.09.2022 within a stipulated period in accordance with law.

For Petitioner : Mr.M.Selvam For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader-for RR 1-3 Mr.R.Kumaravel, Additional Government Pleader - for R7& R8

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the representation dated 03.09.2022 within a stipulated period in accordance with law.

2. The petitioner claims that the petitioner and the 9th respondent are partners in a partnership firm and in respect of which some amount had come and the said money received from the partnership firm through the 9th 2 / 5

respondent has not been properly vouched and it is the allegation of the petitioner that, after taking the said amount the 9th respondent wants to flee from India and therefore her passport shall be impounded for which the petitioner has given a representation to the respondents on 03.09.2022 and in order to consider the same the present writ petition has been filed.

3. Heard Mr.M.Selvam learned counsel for the petitioner, Mr.L.S.M.Hasan Fizal learned Additional Government Pleader for respondents 1 to 3 and Mr.R.Kumaravel, learned Additional Government Pleader for respondents 7 and 8.

4. Insofar as the plea raised by the petitioner to impound the passport of the 9th respondent is concerned, under the Passport Act certain reasons are available, under which the Regional Passport Office can impound the passport. For personal rivalry or for any personal money payable / due by any person, no one can request the passport authorities to impound the passport of the other person. Therefore, this kind of representation cannot be directed to be considered by way of a Mandamus by invoking Article 226 of the Constitution. In that view of the matter the writ petition deserves to be rejected and it is accordingly dismissed. No costs.

14.10.2022 Index : Yes/No Internet : Yes/No KST 3 / 5

To 1 The Inspector General 2X3 plus 989 Race Course Road Thomas Park Race Course Coimbatore-641 018.

2 The Deputy Inspector General No.5 Dr.Abdur Rahim Road Coimbatore Central Coimbatore-641 018.

3 The Commissioner of Coimbatore Police, Corporation of Coimbatore Coimbatore-641 018.

4 The Chief Passport Officer PSP Division Ministry of External Affairs Room No.8 Patiala House Tilak Marg New Delhi-110 001.

5 Public Grievance Officer PSP Division Ministry of External Affairs Room No.8 Patiala House Tilak Marg New Delhi-110 001.

6 Passport Vigilance Unit Ministry of External Affairs Room No.5 Patiala House Tilak Marg New Delhi-110 001. 7 The Immigration officer Passport Authority Rayala Towers Tower-2 4th Floor Anna Salai Chennai-78.

8 The Regional Passport Author ity 1st Floor Corporation Commercial Complex Thandumariamman Kovil Avinashi Road ATT Colony Gopalapuram Coimbatore-641 018.

4 / 5

R. SURESH KUMAR, J.

KST W.P.No. 27473 of 2022 14.10.2022 5 / 5