Pargunan.L v. The Regional Passport Officer

W.P.(MD)No.3998 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3998 of 2022 L.Pargunan .. Petitioner Vs The Regional Passport Officer, Office of the Regional Passport Office, Kochadai, Madurai.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to return the petitioner's two original passports bearing Nos.J0613342 and T2172354 by considering the petitioner's representation dated 16.02.2022 within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For Respondent : Mr.Narayananram Central Government Standing Counsel

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to return the petitioner's two original passports bearing Nos.J0613342 and T2172354 by considering the petitioner's representation, dated 16.02.2022, within the time stipulated by this Court.

2.Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner and Mr.Narayananram, learned Central Government Standing Counsel, who accepts notice on behalf of the respondent. 3.It is the case of the petitioner that on the request made by the respondent, he had surrendered his above mentioned passports. But till date, the same have not been returned back to him. In such circumstances, he has filed this writ petition. 4.On instructions, the learned Central Government Standing Counsel, would submit that the petitioner has not submitted any reply to the show cause notice issued by the respondent, alleging the suppression/wrong information provided by the petitioner in his earlier passport application, based on which, the passports were issued in favour of the petitioner. The learned counsel for the petitioner would submit that in the show cause notice received by https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3998 of 2022 the petitioner, the nature of suppression has not been disclosed. Unless the nature of suppression is disclosed, the petitioner is unable to send a proper reply to the show cause notice. The said statement is recorded.

5.No prejudice will be caused to the respondent, if a fresh show cause notice is issued to the petitioner expressing the nature of suppression in the petitioner's passport application. 6.Accordingly, this Court directs the respondent to issue a fresh show cause notice to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the show cause notice from the respondent, the petitioner shall send a reply, within a period of two weeks, thereafter. On receipt of the said reply, the respondent shall pass final orders on the petitioner's representation, dated 16.02.2022, within a period of two weeks, thereafter, after affording a fair hearing to the petitioner, including granting him the right of personal hearing. 7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To The Regional Passport Officer, Office of the Regional Passport Office, Kochadai, Madurai.

+1 CC to M/s.T.THIRUMURUGAN, Advocate (SR-10029[F] dated 04/03/2022) W.P.(MD)No.3998 of 2022 04.03.2022 KG(CO) TR(18.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2