S.Martin v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2016

CORAM:

THE HON 'BLE MR. JUSTICE B.RAJENDRAN Writ Petition No.38742 of 2016 & W.M.P.Nos.33197 & 33198 of 2016 S.Martin ... Petitioner

Versus

1. The Regional Passport Officer, Coimbatore, 1st Floor, Corporation Commercial Complex, Avinashi Road, Coimbatore 641 018

2. The Deputy Commissioner of Police, Central Crime Branch, Chennai .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the records of the first respondent, in his letter, dated 03.11.2016, bearing File No.CB1079696903516, quash the same as illegal and arbitrary and further, to direct the first respondent to consider the petitioner's application for reissuance of said file. For Petitioner : Mr. P.S.Raman, Sr. Counsel, for, Mr. B.Ganesh Kanna For Respondents : Mr. Manishankar, AAG., assisted by, Mr. A.N.Thambidurai, Spl.G.P., ---

O R D E R

This writ petition has been filed by the petitioner praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent, in his letter, dated 03.11.2016, bearing File No.CB1079696903516, quash the same as illegal and arbitrary and further, to direct the first respondent to consider the petitioner's application for re-issuance of said file.

2. Today, when the matter is posted for hearing, the learned senior counsel appearing for the petitioner would submit that though permission was granted by this Court, on 07.11.2016 and 08.11.2016, to issue booklet containing four additional sheets with validity only for one year to enable the petitioner to attend the conference at Singapore alone, based on the affidavit to be filed by the petitioner before the Central Crime Branch, Chennai and Immigration Authorities, the petitioner did not avail such benefit by going to Singapore, but he would only state that in view of the https://hcservices.ecourts.gov.in/hcservices/

application submitted by the petitioner for grant of additional sheets in the passport, normally, it will be treated as a New Passport Application. He further submitted that the petitioner is ready to surrender his original passport as well as additional sheets before the authorities concern to consider it as a fresh application for the issuance of fresh passport in accordance with law.

3. The learned Additional Advocate General appearing for the respondents, on instructions, would state that the respondents have sent necessary input particulars for Police Verification and if the particulars are found to be genuine and in order, issuance of fresh passport to the petitioner may be considered by the authorities concern, as per law.

4. In view of the said submissions and having regard to the fact that necessary particulars of the petitioner have been sent for Police Verification, the respondents / (authority concern) are directed to pass appropriate orders, on the petitioner's New Passport Application, upon surrendering the old passport of the petitioner, within a period of 15 days from the date of receipt of a copy of this order. It is needless to state that, it is open to the authority concern, to take the Application submitted by the petitioner, for the issuance of a new passport, either under Tatkal scheme or under regular category scheme.

5. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected WMPs are closed.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar To

1. The Regional Passport Officer, Coimbatore, 1st Floor, Corporation Commercial Complex, Avinashi Road, Coimbatore 641 018

2. The Deputy Commissioner of Police, Central Crime Branch, Chennai +1 cc to M/s.A.Ganeshkumar,advocate,sr.65901 +1 cc to M/s.Su.Srinivasan,advocate,sr.65349. sai(co) krd 28/11 W.P.No.38742 of 2016 & W.M.P.Nos.33197 & 33198 of 2016 https://hcservices.ecourts.gov.in/hcservices/