Madras High CourtWP(MD)/4085/2023disposed of

Balraj.S v. The Regional Passport Officer

2023-11-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Balraj ... Petitioner Vs.

1.The Regional Passport Officer, O/o. Regional Passport Office, Tiruchirappalli Municipal Water Tank Building, W B Road, Tiruchirappalli.

2.The Assistant Passport Officer (SOP), No.201/7D, Medical College Road, Next Kumaran Theatre, Thanjavur.

3.The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to reopen the file in TR 1086535682718 on the basis of the petitioner's representation dated 03.01.2023 and consequently directing the 3rd respondent to issue Police Clearance Certificate (PCC) to the 1st respondent within a period stipulated by this Court. 1/4

For Petitioner : Mr.K.Gnanasekaran For Respondents : Mr.Pon Senthilkumar Central Govt. Standing Counsel for R1 & R2.

Mr.A.Albert James, Government Advocate for R3.

ORDER

Heard both sides.

2.It appears that the petitioner's twin brother / Raja had obtained passport by utilizing the petitioner's documents. But the consequence has fallen on the petitioner's head. The petitioner has been asked to surrender his passport. The petitioner's case is that he obtained passport only by supplying true and correct documents and that there is no fabrication of documents on his part.

3.If that be so, the first respondent has to impound the petitioner's twin brother's passport. In any event, the only request made in the writ petition is for considering his representation. No exception can be taken to the said request.

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4.The first respondent is directed to consider the petitioner's representation and if the first respondent is satisfied that there is no fault on the petitioner's part, passport facility shall be restored to the writ petitioner. The entire exercise shall be completed within a period of ten weeks from the date of receipt of a copy of this order. 5.This writ petition is disposed of accordingly. No costs. 22.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.

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G.R.SWAMINATHAN, J.

ias 22.11.2023 4/4