Madras High CourtWP/25670/2018disposed of

S.Krishnthan v. Union Of India Ministry Of External Affairs,

2019-12-13Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.12.2019

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.25670 of 2018 S.Krishnanthan ... Petitioner Vs 1.Union of India, Ministry of External Affairs, Rep.by its Head of Branch Secretariat, 68,College Road, EVK, Sampath Maaligai, 7th Floor,Greams Road, Chennai 600 006.

2.The Regional Passport Officer, Passport Seva Kendra, Tiruchirappalli ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other appropriate Writ or Order or Directing in the nature of Writ of Mandamus, directing the respondent to issue the petitioner a fresh Indian passport forthwith in pursuance of his online application dated 07.04.2016 vide Reference NO.161003296251 uploaded in the website of the 1st respondent with Transaction ID CP46859371 and in pursuance of his personal appearance on 08.04.2016 before the 2nd respondent. For Petitioner : Mr.D.Sreenivasan for M/S.S.Giritharan.

For Respondents : Mr.G.Baskar, CGSC

O R D E R

1.This writ petition has been been filed by the petitioner, praying for issuance of a Writ Mandamus, to direct the respondent to issue the petitioner a fresh Indian passport forthwith in pursuance of his on-line application dated 07.04.2016 vide Reference NO.16-1003296251 uploaded in the website of the 1st respondent with Transaction ID CP46859371 https://hcservices.ecourts.gov.in/hcservices/

and in pursuance of his personal appearance on 08.04.2016 before the 2nd respondent.

2.A counter affidavit has been filed by the respondents, stating that the petitioner is not eligible for issuance of Indian Pass port on the ground that the petitioner's father is a Srilankan citizen and it is doubtful whether his mother is having Indian citizenship or not and also whether she is having the Indian passport. The petitioner possesses Adhar card, Election ID, Voter Card, Ration card and such other documents. If the respondents have objection for issuance of passport, it is only justifiable on their part to give reasons in writing and based on which, the petitioner can work out his remedy in accordance with law.

3.Therefore, a mandamus is issued directing the 1st respondent to consider on-line application made by the petitioner, seeking Indian Passport and pass an order in accordance with law and such order to be passed on or before 28.02.2020. 4.With the above direction, the present Writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar jrs To 1.Head of Branch Secretariat Union of India, Ministry of External Affairs, 68,College Road, EVK, Sampath Maaligai, 7th Floor,Greams Road, Chennai 600 006.

2.The Regional Passport Officer, Passport Seva Kendra, Tiruchirappalli +1cc to Mr.S.Giridharan , Advocate SR.No. 104177 +1cc to Mr.G.Baskaran , Advocate SR.No. 103851 W.P.No. 25670 of 2018 A.SK(23/01/2020) https://hcservices.ecourts.gov.in/hcservices/