Dr.Jaideep Fenn v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Dr.Jaideep Fenn ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Regional Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625 016.
3.The Section Officer (PSP-I), PSP Division, Ministry of External Affairs, 24, Patvala House Annexa, New Delhi - 110 001.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to reissue the petitioner's passport by considering his reissue application dated 18.01.2022 and the subsequent mails and remainders of the petitioner in the manner known to law, within a time stipulated by this Court.
For Petitioner : Mr.Babu.Rajendran For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India
ORDER
With the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner is a doctor by profession. According to the petitioner, he obtained original passport from the Regional Passport Office, Cochin, on 24.06.1981. The passport expired in 1991 and since he resided at Madurai, the petitioner was unable to renew it in a timely manner. The petitioner secured an employment in Saudi Arabia and upon advice from his employment agent, he applied for Tatkal passport to proceed with his employment. The petitioner subsequently received a fresh passport from the Regional Passport Office, Trichy.
3. The petitioner submits that in 2009, he secured a job in a Government Hospital in Muscat, Oman and joined the Muscat Government Hospital. On 26.05.2012, the Regional Passport Officer, Muscat, re-issued the petitioner's passport. On 18.01.2022, the petitioner submitted an application for reissue of his
passport before the second respondent. On 24.01.2022, the first respondent issued a letter stating that the passport was obtained by the petitioner by suppression of material information and directed him to surrender the passport issued on 24.06.1981 or if the same was lost, to furnish relevant documents. Thereafter, the petitioner appeared before the first respondent and submitted the necessary documents and also surrendered his passport on 21.01.2022 with booklet No.K0873713.
4. The petitioner further submits that despite submission of documents and explanations, the first respondent failed to take any action on his representation. Furthermore, on 22.06.2023, the petitioner received another letter from the first respondent, directing him to appear before him with all original documents. Even after complying with all these requirements, the respondent has not passed any order on the petitioner's representation. On 06.12.2024, the petitioner received another communication from the first respondent. The respondents, being statutory authorities, are legally bound to take appropriate action on the petitioner's representations, but they have failed to perform their duties. Hence, the present Writ Petition.
5. Heard both sides.
6. Considering the above said facts and circumstances of the case, this Court directs the first respondent herein to consider the petitioner's application dated 18.01.2022, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of six months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 03.03.2025 Index : Yes / No smn2
To:- 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Regional Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625 016.
3.The Section Officer (PSP-I), PSP Division, Ministry of External Affairs, 24, Patvala House Annexa, New Delhi - 110 001.
VIVEK KUMAR SINGH , J.
smn2 03.03.2025