R. Santhosh Kumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Santhosh Kumar ... Petitioner -vsThe Regional Passport Officer, The Regional Passport Office, Madurai Bharathi Ula Street, Race Course Road, Madurai, Tamil Nadu - 625002.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to renew and issue passport to the petitioner based on the application dated 23.10.2024 File No.BA1075379767724, previous passport bearing No.M3937024 and on the representation dated 11.02.2025 for the normal period of ten years from 26.12.2024 to 26.12.2034.

For Petitioner : Mr.D.Anbarasu For Respondent : Mr.P.Sundaravadivel Central Government Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to renew and issue passport to the petitioner based on the application submitted by the petitioner, dated 23.10.2024, followed by a representation dated 11.02.2025 for the normal period of ten years from 26.12.2024 to 26.12.2034.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. Seeking to renew his passport, which expired on 24.12.2024, the petitioner submitted an application dated 23.10.2024 and also a representation dated 11.02.2025. Since the same have not been considered so far, the petitioner has now filed the present Writ Petition.

4. Heard both sides.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of

keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 11.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two 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 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 27.03.2025 Index : Yes / No smn2

To:- The Regional Passport Officer, The Regional Passport Office, Madurai Bharathi Ula Street, Race Course Road, Madurai, Tamil Nadu - 625002.

VIVEK KUMAR SINGH , J.

smn2 27.03.2025