Muthukumar v. The Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14707 of 2018 Muthukumar ... Petitioner vs.

The Passport Officer The Passport Office, Kochadai, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to consider the petitioner's representation dated 07.06.2018 and direct the respondent to change the date of birth in the petitioner's passport based on the petitioner's transfer certificate. For Petitioner :

Mr.R.Senthilkumar For Respondent :

Mr. Lakshmi Shankar Central Government Standing Counsel

O R D E R

Mr.Lakshmi Shankar, learned Central Government Standing Counsel, takes notice for the respondent

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 07.06.2018 seeking to change the date of birth in the passport based on his transfer certificate, has not been considered by the respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 07.06.2018 on its own merits https://hcservices.ecourts.gov.in/hcservices/

and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To:

The Passport Officer The Passport Office, Kochadai, Madurai.

+1cc to Mr.H.LAKSHMI SHANKAR, Advocate, SR.No.72170 +1cc to Mr.R.SENTHIL KUMAR, Advocate, SR.No.71884 W.P.(MD) No.14707 of 2018 10.07.2018 AAV KK/SKN RSK/SAR-4/19.07.2018/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/