Mahalakshmi 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 Mahalakshmi ... Petitioner -vsThe Regional Passport Officer, Regional Passport Office, Tiruchirapalli New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620018.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to reissue the petitioner's passport based on her Passport Application No.TR2076491528724 dated 26.04.2024 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.G.Hari Haran For Respondent : Mr.C.Nandagopal Central Government Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to reissue the petitioner's passport based on her Passport Application No.TR2076491528724, dated 26.04.2024.

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

3. The petitioner seeks re-issuance of passport. Initially, the respondent issued a show-cause notice to the petitioner, requesting an explanation regarding the pendency of a customs case along with the relevant documents. On 17.03.2025, the petitioner submitted a detailed explanation. Subsequently, on 26.04.2025, the petitioner also applied for re-issuance of passport. Since both the application and the explanation 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 explanation / representation dated 17.03.2025, 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, Regional Passport Office, Tiruchirapalli New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620018.

VIVEK KUMAR SINGH , J.

smn2 27.03.2025