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Madras High CourtWP(MD)/20753/2017disposed of

Sivasamy Subbiah v. The Regional Passport Officer,

2017-11-10Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2017

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.20753 of 2017 and W.M.P(MD).No.17042 of 2017 Sivasamy Subbiah ... Petitioner -vs1. The Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai 625 002.

2. The Revenue Divisional Officer, Revenue Divisional Office, Ram Nagar,

3. The Superintendent of Police, Sivagangai, Sivagangai District.

4. The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District. ... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India, issue a writ of certiorarified mandamus, calling for the entire records relating to the impugned letter passed by the first respondent dated 05.09.2017 in File No.MD1070484767517, Letter Ref No. SCN/305954927/17 and quash the same and consequently direct the first respondent herein to renew/reissue the original passport of the petitioner bearing its No. A-8971608 based on the renewal/reissue of Passport Application of the petitioner dated 16.08.2017 in File No.MD1070484767517 and vide Application Reference No.(ARN)17-1007987791 within a stipulated period as that may be fixed by this Court.

For Petitioner : Mr.A.Saravanan For R1 : Mr.V.Kathirvelu Assistant Solicitor General of India Assisted by Mr.C.Nandagopal For R2 to R4 : Mr.T.S.Mohamed Mohideen Additional Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2.According to the petitioner, he has submitted an application on 16.08.2017 for renewing his passport before the first respondent, who in turn on 05.09.2017, citing adverse report from the police, called for an explanation. Despite explanation submitted by him, the passport is not renewed yet. So, the petitioner is before this Court.

3.The learned Assistant Solicitor General of India appearing for the first respondent, on instructions, submitted that the petitioner's renewal application would be considered on merits and within the time stipulated by this Court.

4.Heard both sides.

5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the renewal application dated 05.09.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner so as to produce all the required documents, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Regional Passport Officer, Ministry of External Affairs, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai 625 002.

2. The Revenue Divisional Officer, Revenue Divisional Office, Ram Nagar,

3. The Superintendent of Police, Sivagangai, Sivagangai District.

4. The Inspector of Police, Devakottai Town Police Station, + 1 cc TO Mr.S.Muthukumar , Advocate in SR No. 86839 + 2 ccs TO Mr.C.Nandagopal , Advocate in SR No. 86588 + 1 cc TO The Special Government Pleader in SR No. 87035 dsk AE/MR KKR/SAR2/23.11.2017/3P/9C W.P(MD).No.20753 of 2017 10.11.2017