S.Muruganandam v. The Regional Pass Port Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.3741 of 2017 S.Muruganandam

...Petitioner

Vs

1. The Regional Pass Port Officer, "Royala Towers" No.2 & 3, IV Floor, Old No.785 and New No.158, Anna Salai, Chennai 600 002.

2. The Commissioner of Police, Chennai.

[R2 impleaded as per the order of this Court dated 16.11.2017 in WMP.No.29955 of 2017 in WP.No.3741 of 2017] ..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to call for the records of the respondent in file No.MA 3061599552912 dated 10.10.2012 and direct the respondent to forthwith process the application of the petitioner and issue a fresh passport to the petitioner herein.

For Petitioner : Mr.N.Karthikeyan For Respondents : Ms.Swarnalatha, CGSC, for R1 Mr.D.Suriyanarayanan, AGP, for R2

ORDER

Heard the learned counsels appearing on either side and perused the materials available on record.

2. The petitioner has come forward with this petition for issuance of a writ of mandamus directing the first respondent to forthwith process the application of the petitioner and issue a fresh passport.

3. The learned counsel for the petitioner would submit that the petitioner was holding a valid passport No.A6643713 dated 25.11.1998 issued by the Passport Officer, Tiruchirapalli and the said Passport expired on 24.11.2008. Hence, the petitioner made an application with the Passport Seva at Tambaram, Chennai on 10.10.2012 and the said application has not been considered by the first respondent so far. Therefore, the present Writ Petition has been filed.

4. The learned counsel for the petitioner would further submit that it would suffice if a suitable direction is issued to the first respondent to consider the said application of the petitioner.

5. The learned counsel for the first respondent would submit that due to the delay in receiving report from the Commissioner of Police, the petitioner's application was not considered and now the first respondent is ready to consider the petitioner's application and pass orders in accordance with law.

6. Taking note of the limited prayer sought for in this Writ Petition and the submissions of the learned counsels on either side, this Court without going into the merits of the case, directs the first respondent to consider the application of the petitioner dated 10.10.2012 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing the opportunity of personal hearing to the petitioner.

7. With the above observation and directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To

1. The Regional Pass Port Officer, "Royala Towers" No.2 & 3, IV Floor, Old No.785 and New No.158, Anna Salai, Chennai 600 002.

2. The Commissioner of Police, Chennai.

+1cc to Mr.N.Karthikeyan, Advocate Sr.59121 +1cc to the Government Pleader Sr.59749 W.P.No.3741 of 2017 jp[co] srg 28/08/2019