Subheda Sagai Lucas, v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11522 of 2017 Subheda Sagai Lucas : Petitioner -vsThe Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai-6525 002. : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondent to return back the petitioner's passport vide No.F8316762, which was seized by the respondent during the year 2015 on the basis of the petitioner's representation, dated 27.09.2016 and pass such further orders.

For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.N.Shanmuga Selvam Senior Panel Counsel for Central Government

O R D E R

The prayer sought for in this writ petition is to direct the respondent to return back the petitioner's passport, vide No.F8316762, which was seized by the respondent during the year 2015, by considering the representation of the petitioner, dated 27.09.2016.

2.The case of the petitioner is that she was born in Sri Lanka and came to India in the year 1990 for employment and subsequently, he married one Sagayam Lucas in the year 1992 and also gave birth to two children.

3.The petitioner would state that she was issued with passport by Mumbai Regional Passport Authority on 16.03.1988 and thereafter, she travelled number of occasions to other countries https://hcservices.ecourts.gov.in/hcservices/

and also visited Sri Lanka to see her parents. While so, in the month of July 2015, the officials of the Immigration of Madurai Airport has seized the passport to ascertain the genuineness of her passport with the Regional Passport Office, Mumbai. 4.The petitioner would further state that the officials of the Mumbai Passport office, after verification returned the passport and it has been withheld by the respondent for no reason. Hence, the petitioner sent a representation to the respondent on 27.09.2016. Since, there is no response, the present writ petition has been filed.

5.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

6.Considering the nature of prayer sought for in this writ petition and also considering the submissions made on either side, without going into the merits of the case, this writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner, dated 27.09.2016 and pass appropriate orders purely on merits and in accordance with law, within a period of eight weeks from the date of receipt of the order copy. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Regional Passport Officer, Regional Passport Officer, Madurai-625 002.

+1 cc to Mr.S.Deenadhayalan , Advocate in SR.No. 62423 er AE/SV/SAR3/14.07.2017/2P/3C W.P.(MD)No.11522 of 2017 28.06.2017 https://hcservices.ecourts.gov.in/hcservices/