Madras High CourtWP/31990/2018disposed of

Madhan v. The State Of Tamil Nadu

2019-02-27Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.31990 of 2018 Madhan ... Petitioner Vs.

1. The State of Tamilnadu, Represented by its Secretary to Government, Home Department, Fort St.George, Chennai - 600009.

2. The Regional Passport Officer, The Regional Passport Office, Royala Tower No.2 and 3, IV Floor Old No.785, New No.158, Anna Salai, Chennai - 600002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to consider the representation dated 22.11.2018 and to re-issue the passport in the File No.MA2070509310317 by the regional passport authority.

For Petitioner : Mr.L.Infant Dinesh For Respondents : Mr.A.Kumar Additional Advocate General assisted by Mr.E.Balamurugan Special Government Pleader for R1 Mr.J.Madanagopal Rao Central Government Standing Counsel for R2

O R D E R

This writ petition is filed seeking for a mandamus, directing the second respondent to consider the representation

of the petitioner dated 22.11.2018 for re-issue of the passport in the File No.MA2070509310317 by the Regional Passport Authority.

2. Heard, Mr.L.Infant Dinesh, learned counsel appearing for the petitioner, Mr.A.Kumar, learned Additional Advocate General assisted by Mr.E.Balamurugan, learned Special Government Pleader appearing for the first respondent and Mr.J.Madanagopal Rao, learned Central Government Standing Counsel appearing for the second respondent.

3. It is submitted by Mr.J.Madanagopal Rao, learned Central Government Standing Counsel appearing for the second respondent that in pursuant to the application submitted by the petitioner for re-issue of passport, though several notices were sent for attending enquiry, he has not turned up. He further submitted that the petitioner has appeared before the second respondent lastly and therefore, the second respondent will pass appropriate orders on merits and in accordance with law on the application filed by the petitioner.

4. Since the present writ petition is filed only for directing the second respondent to consider the representation of the petitioner for re-issue of the passport and in view of the fact that the second respondent has to pass order on the said request, this Writ Petition is disposed of, without expressing any view on the merits of the contentions raised by the parties, only with a direction to the second respondent to pass orders on the petitioner's representation within a period of four weeks from the date of receipt of a copy of this order. While considering the application of the petitioner, the second respondent shall also hear the first respondent and consider their objections, if any. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sni/vri To

1. The Secretary to Government, State of Tamilnadu, Home Department, Fort St.George, Chennai - 600009.

2. The Regional Passport Officer, The Regional Passport Office, Royala Tower No.2 and 3, IV Floor Old No.785, New No.158, Anna Salai, Chennai - 600002.

+1 cc to The Government Pleader, Sr.No.18943 +1 cc to Mr.J.Madanagopal Rao, Advocate Sr.No.18075 W.P.No.31990 of 2018 SAI(CO) CSL/20.03.2019