Madras High CourtWP(MD)/14642/2021disposed of

Thulsi Lal Dayalan v. The Regional Passport Officer

2021-09-22Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.14642 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14642 of 2021 Thulsi Lal Dayalan ... Petitioner Vs.

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

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to reissue the passport application with application reference No.(ARN) 21-1002842359 and renew his passport bearing No.Z2134418 within stipulated period.

For Petitioner : Mr.P.V.K.Deivendran For Respondent : Mrs.L.Victoria Gowri Assistant Solicitor General of India

ORDER

The petitioner seeks a direction for the re-issuance of the passport bearing No. Z2134418.

2.According to the petitioner, he applied for and was issued the renewed passport on 25.03.2021 bearing passport No.Z6220289. Upon receipt of a communication dated 19.04.2021 by which he was called upon to show cause as to why passport No.Z6220289 dated 25.03.2021 should not be impounded, the petitioner states that he submitted a new application dated 01.05.2021 by providing the requisite information and explanation relating to the First Information Reports registered against him. The present writ petition is filed an account of the alleged failure of the first respondent to take action thereon.

3.Mrs.L.Victoria Gowri, learned Assistant Solicitor General of India, appears on behalf of the respondent. On instructions, she submits that the petitioner is in custody of the passport bearing No.Z6220289. However, on account of suppression of material facts, a communication was issued to the petitioner on 19.04.2021 calling https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14642 of 2021 upon the petitioner to show cause as to why action should not be taken for the impounding of the passport. She submits that the respondent would proceed to act in accordance with the Passport Act, 1967 and the rules framed thereunder in relation to the proceedings for the impounding of the petitioner's passport. 4.In response to communication dated 19.04.2021, the petitioner has submitted a reply dated 26.04.2021. In addition, the petitioner has submitted an application dated 01.05.2021, which contains an explanation to the show cause notice. Therefore, the respondent should consider the explanation from the petitioner and conclude the proceedings within a reasonable time.

5.Accordingly, without entering any findings on the merits of the matter, the respondent is directed to conclude the proceedings initiated by the communication dated 19.04.2021 after providing a reasonable opportunity to the petitioner within a period of two (2) months from the date of receipt of a copy of this order. 6.W.P.(MD)No.14642 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sji/sn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.

W.P(MD)No.14642 of 2021 22.09.2021 RD(6.10.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2