Mohamed Bilal Marecar v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27308 of 2021 Mohamed Bilal Marecar ... Petitioner Vs.
1.
The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichirappalli - 620 008, Tamil Nadu.
2. State Rep. by The Inspector of Police, Karaikkal Town Police Station, Karaikkal.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or other appropriate writ or order in the nature of writ directing the 1st respondent to issue the passport to the petitioner after considering his online application vide File No.TR4073266945321 dated 12.02.2021, within a time bound framed by this Hon'ble Court. For Petitioner : Mr.A.Raja Mohamed For Respondent R1 : M/s/Subhu Ranga Bharathi Central Govt. Standing Counsel For Respondent R2 : Mr.V.Balamurugan Public Prosecutor (Pondicherry)
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1st respondent to consider the petitioner's online application dated 12.02.2021 and issue the passport to him as expeditiously as possible.
2. The case of the petitioner is that his passport bearing Passport No.J1480939 had expired and therefore the petitioner
applied for renewal of passport through on-line on 12.02.2021 and the appointment date was fixed as 24.08.2020. Thereafter, the petitioner received a show cause notice from the 1st respondent on 17.03.2021 and subsequently received a reminder notice dated 07.04.2021 to reply for the show cause notice. Later, the petitioner also received an adverse Police Verification Report corresponding to his passport application. Thereby, the petitioner approached the 2nd respondent to know the details of the pending FIR and thereafter, he sent a detailed representation letter/reply to the 1st respondent on 22.04.2021 regarding the same. However, till date no order was passed on the petitioner's representation and the petitioner's passport was not renewed. Hence, this Writ petition.
3. The learned counsel for the petitioner submitted that though the petitioner has sent a detailed reply letter/representation to the 1st respondent as a reply to the show cause notice and reminder letter sent by him and also regarding the adverse Police Verification Report from the 2nd respondent which is only because of the CAA protest, no steps were initiated by the 1st respondent on the petitioner's passport application. Hence, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation/reply letter dated 22.04.2021 and issue passport to the petitioner as expeditiously as possible.
4. The learned counsel for the 1st respondent submitted that, the petitioner's representation dated 22.04.2021 will considered on merits and in accordance with law and appropriate orders will be passed within the time stipulated by this Court.
5. Considering the facts of the case, this Court without going into the merits of the case, issues direction to the 1st respondent to consider the petitioner's representation/reply letter dated 22.04.2021 and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order after providing opportunity of hearing to the petitioner.
6. Accordingly, this Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
skt To 1.
The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichirappalli - 620 008, Tamil Nadu.
2. The Inspector of Police, Karaikkal Town Police Station, Karaikkal.
3. The Public Prosecutor (Pondicherry) +1cc to Mr.A.Raja Mohamed, Advocate, S.R.No.69218 +1cc to M/s/Subhu Ranga Bharathi, Advocate, S.R.No.69472 W.P.No.27308 of 2021 CP[co] NSK 27/01/2022