Jayaprakash v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Jayaprakash ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli- 620 018.

2.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to issue Passport to the petitioner by processing his application in File No.TR1064864342322 based on the explanation/representation dated 20.05.2023 within a time limit stipulated by this Court. For Petitioner : Mr.B.Anandan For R-1 : Mr.Pon Senthil Kumaran Central Government Standing Counsel 1/4

For R-2 : Mr.A.Kannan Additional Government Pleader

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner herein had given a representation to the first respondent on 20.05.2023 seeking for issuance of passport. Since the said representation was not considered, the present Writ Petition has been filed.

3. 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 the respondents 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 Constitution of India and direct them to consider the same within a stipulated time. 2/4

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated 20.05.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

25.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli- 620 018.

2.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

3/4

M.S.RAMESH , J.

Lm 25.05.2023 4/4