Sethumani C v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.9304 of 2025 C.Sethumani ... Petitioner Vs

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2. The Inspector of Police, S.S.Kottai Police Station, S.S.Kottai, Sivagangi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent's impugned communication No.SCN/320400067/25 dated 02.01.2025 and quash the same and consequently, direct the first respondent to issue passport to the petitioner by considering his application No.MD1067189112524 dated 1/6

06.12.2024.

For petitioner : Mr. S.Atham Ali For respondents : Ms.M.Anbarasi Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 *****

ORDER

The petitioner has challenged the impugned show cause notice dated 02.01.2025, wherein the petitioner has been called upon to furnish the certain clarification regarding the issuance of the passport. The show cause notice reads as under:

"This is in reference to receipt of an adverse Police Venfication Report corresponding to your application for passport issue, with file number MD1067189112524 dated 06/12/2024. Adverse police verification report received with remark as The applicant was sskottai ps cr.no.110-24 us 419,420,465,468,471-ipc 12(1)(a), 12(1)(b), 12(1)(d) passport Act so not recommended CASE STAGE UI DATE 14-12-24 Please furnish court case related documents.

You are therefore, called upon to provide a suitable explanation within 30 days. Please be informed that in case of non response 2/6

within the specified period, or a non-satisfactory response, you will be denied the passport against this or any future application unless cleared in appeal by the PSP Division or Court. Please make sure to mention your file number and the reference number mentioned in the top block of this letter on each page/document and also on the envelope for further correspondence. If you live in the vicinity of Madurai or have been specifically asked to appear in person, you could choose to submit the required documents to the Superintendent Enquiry at the Regional Passport Office between 0:30 AM TO 12:00 PM ON ALL WORKING DAYS (EXCEPT WEDNESDAY)"

2. It appears that the petitioner had earlier utilised the passport that was issued to the petitioner's brother and therefore, the petitioner was proceeded in crime No.110 of 2024 dated 14.12.2024 under Sections 419, 420, 465, 468, 471 of IPC and under Sections 12(1)(a), 12(1)(b), 12(1)(d) of the Passport Act, 1967.

3. The petitioner had also approached this Court in W.P.(MD) No.8532 of 2024 for the following relief:

"To direct the respondent to change of the petitioner's name particular instead of "Murugesan Chidambaram" as "Sethumani Chidambaram" in petitioner's passport No.M8507166 issued on 21.09.2015 and re-issue the same by considering petitioner's application No.MD1073416974721 dated 06.07.2021." 3/6

4. The said Writ Petition was disposed of on 13.11.2024 with the following observations:

7. However, viewing seriously that, it is a clear case of impersonation, this Court is not inclined to allow this Writ Petition and accordingly this Writ Petition is dismissed. However the petitioner is given liberty to apply afresh in his own name. There shall be no order as to costs.

5. Thereafter, the petitioner has filed a fresh application for issuance of passport in response to which the impugned show cause notice has been issued. Hence, the petitioner has to reply to the same and thereafter, the order has to be passed by the first respondent. In case, any adverse orders are passed, it is always open for the petitioner to initiate appropriate proceedings against the aforesaid order to be passed. At this stage, the show cause notice proceedings cannot be scuttled. Therefore, the Writ Petition is liable to be dismissed.

6. Under these circumstances, there shall be a direction to the first respondent to pass appropriate orders in response to the show cause notice issued to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

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7. This Writ Petition is disposed of with above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 03.06.2025 Internet : Yes / No apd To

1. The Regional Passport Officer, Regional Passport Office, Madurai Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.

2. The Inspector of Police, Karuppayurani Police Station, Madurai Madurai.

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C.SARAVANAN, J.

apd 03.06.2025 6/6