Madras High CourtWP(MD)/8826/2015disposed of

G. Rukmani Ganesan, v. The Chief Passport

2017-12-06Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.8826 of 2015 G.Rukmani Ganesan ... Petitioner Vs.

1.The Chief Passport Officer, Joint Secretary (PSP), CPV Division Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi - 1.

2.The Regional Passport Officer, Bharathi Ulaveethi, Race Course Road, Madurai.

3.Kannappan ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider and pass orders on the statutory petition preferred by the petitioner to the second respondent dated 24.03.2015 under Section 10 of the Passports Act 1987.

For Petitioner : Mr.M.Mahaboob Athiff, For M/s.Ajmal Associates For Respondents : Mrs. S.Srimathi - for R.1 & R.2 : No Appearance - for R.3

ORDER

This writ petition has been filed by the petitioner seeking a Writ of Mandamus directing the second respondent to consider and pass orders on the statutory petition preferred by the petitioner to the second respondent dated 24.03.2015 under Section 10 of the Passports Act 1987.

2. According to the petitioner, no illegality was committed by her and the petitioner has no role with regard to the issuance of passport to her brother, who is the third respondent herein. Despite the same, the petitioner is being harassed by the authorities and aggrieved over the same, the petitioner has preferred a complaint before the authorities on 24.03.2015 to take appropriate action as per Section 10 of the Passport Act, 1967. As the same is kept pending without any action and hence, the petitioner is before this Court.

3.Heard the learned Counsel appearing for the petitioner as well as the learned Counsel appearing for the respondents 1 and 2. 4.The learned Counsel appearing for the respondents 1 and 2 on instructions, would submit that the petition/representation of the petitioner dated 24.03.2015 would be considered by the second respondent on merits, within the time stipulated by this Court.

5. Under such circumstances, this Court, without going into the merits of the matter, directs the second respondent to consider the claim of the petitioner on the basis of her petition/representation dated 24.03.2015 and pass appropriate orders thereon, in one way or other, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar

To 1.The Chief Passport Officer, Joint Secretary (PSP), CPV Division Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi - 1.

2.The Regional Passport Officer, Bharathi Ulaveethi, Race Course Road, Madurai.

+1cc to M/S.S.SRIMATHY, Advocate SR.No.91084. +1cc to M/S.AJMAL ASSOCIATES, Advocate SR.No.91373. +2cc to M/S.DR.D.GNANASEKARAN, Advocate SR.No.91320 & 91536. +1cc to Special Government Pleader in SR.No.91552. W.P.(MD)No.8826 of 2015 06.12.2017 rm SDS/GT/SAR 3/29.12.2017/3P/8C