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Madras High CourtWP(MD)/1865/2020disposed of

I.Sayad Badusha v. The Regional Passport Office

2020-01-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.1865 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1865 of 2020 I.Sayad Badusha ... Petitioner Vs.

The Regional Passport Office, represented by its Passport Officer, Madurai, Bharathi Ulla Veethi, Race Course, Madurai 625 002. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondent to consider and pass orders on the representation submitted by the Petitioner on 27.1.2020 requesting to issue passport on the File No.MD01C5085468919.

For Petitioner : Mr.A.Joseph Jerry For Respondent : Mr.V.Kathirvelu, Addl. Solicitor General of India assisted by Mr.G.Moovendran Central Govt. Standing Counsel

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondent to consider and pass orders on the representation submitted by the Petitioner on 27.1.2020 requesting to issue passport on the File No.MD01C5085468919. 2.Mr.V.Kathirvelu, learned Additional Solicitor General of India, assisted by Mr.G.Moovendran, learned Central Government Standing Counsel,takes notice on behalf of the respondent. 3.By consent of parties, the main Writ Petition is taken up for final disposal.

4.The case of the Petitioner is that the Petitioner is a resident of Thoothukudi and had applied for passport in the file Number stated supra and the same has been forwarded to the file of the respondent herein from the Camp Office and the same is still pending. Further, it is seen that Police Verification in respect of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1865 of 2020 the Petitioner is negative and moreover, a case in Crime No.434/2019, dated 5.11.209 was registered against the Petitioner on the file of North Police Station, Thoothukudi. In the mean time, the respondent has sent a communication, dated 6.11.2019 seeking some clarifications from the Petitioner. Further, the Petitioner has also submitted a representation, dated 27.1.2020 in this regard to the respondent for issuance of passport. Since the same has not been heeded to, the Petitioner has come forward with this Writ Petition, for the relief stated supra.

5.A perusal of the typed-set of papers would show that despite notice from the respondent as early as on 06.11.2019, calling upon the Petitioner to come and appear before him to clarify about the adverse Police Verification Report received by them, instead of appearing before the authorities, the Petitioner has rushed to this Court.

6.In view of the above, the Petitioner is directed to appear before the respondent as mentioned in the above said notice, dated 06.11.2019. On such appearance, if everything is in order, the respondent is directed to consider and take a decision in this matter appropriately.

7.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To The Passport Officer, The Regional Passport Office, Madurai, Bharathi Ulla Veethi, Race Course, Madurai 625 002.

+1 CC to M/s.A.JOSEPH JERRY, Advocate ( SR-3864[F] dated 30/01/2020 ) ORDER MADE IN W.P(MD)NO.1865 OF 2020 30.01.2020 JMN(12.02.2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2