Madras High CourtWP/34514/2024disposed of

Dinesh Kumar v. The Regional Passport Officer

2024-11-22Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Dinesh Kumar ..... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 and 3, 4th Floor, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, S7 Madipakkam Police Station, 13, Big Street, Arulmurugan Nagar Extention, Ranga Nagar, Keelkattalai, Chennai - 600 117.

..... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to take into record the reply statement by the petitioner dated 22.10.2024. 1/6

For Petitioner : Mr.S.Sivaraman For Respondents :Mr.T.L.Thirumalaisamy CGSC for R1 Mr.L.Baskaran Government Advocate (Crl.side) for R2

O R D E R

This writ petition is filed seeking a direction to the respondent to take on record a reply statement filed by the petitioner dated 22.10.2024.

2. The petitioner applied for renewal of passport under Tatkal scheme before the respondent through online on 25.09.2024. The request of the petitioner was acceded to by the first respondent and the passport was renewed. Thereafter, on police verification certain adverse remarks were brought to the notice of the first respondent including the criminal case which was pending before the Subordinate Court, Alandur, Chennai. Therefore, the show cause notice was issued to the petitioner on 19.10.2024 calling for his explanation regarding the adverse police report.

3. According to the petitioner he has submitted an explanation 2/6

by way of affidavit on 22.10.2024. However, the same has not been taken into consideration by the first respondent. Therefore, he has come before this Court.

4. Mr.T.L.Thirumalaisamy (CGSC) who takes notice for the first respondent would submit that if the petitioner submitted his explanation to the show cause notice, the same will be considered in accordance with law.

5. Mr.L.Baskaran, learned Government Advocate, who takes notice for the second respondent filed a status report that a criminal case is pending against the petitioner in S.C.No.131 of 2013 on the file of Subordinate Court, Alandur and the same is posted for examination of the investigating officer on 03.12.2024.

6. In view of the same, without going into the merits of the claim made by the petitioner, the petitioner is directed to submit his explanation to the show cause notice issued by the first respondent dated 19.10.2024 within a period of one week from the date of receipt of a copy of 3/6

this order. The first respondent shall consider the explanation offered by the petitioner and pass final order on its own merits within a further period of four weeks of such explanation.

7. Accordingly, this writ petition is disposed of. No costs. 22.11.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, 4/6

No.2 and 3, 4th Floor, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, S7 Madipakkam Police Station, 13, Big Street, Arulmurugan Nagar Extention, Ranga Nagar, Keelkattalai, Chennai - 600 117.

S.SOUNTHAR, J.

ub 5/6

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