Madras High CourtWP(MD)/15200/2016disposed of

Bruhanudeen v. The Regional Passport Officer

2016-08-19Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15200 of 2016 Bruhanudeen ..Petitioner Vs 1.The Regional Passport Officer, Trichirappalli.

2.The District Superintendent of Police, District Crime Branch, Pudukkottai Town and 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 first respondent to issue a new passport on the basis of the application presented by the Petitioner on 18.4.2016 in the shape of a renewal of an existing passport. For Petitioner :M/s.V.Singan For Respondent-1 :Mr.C.Nandagopal Addl.Govt.Pleader For Respondent-2 : Mr.S.Chandrasekar Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, his passport expires on 12.1.2025 and although he was not involved in any of the offence in respect of Crime No.30 of 2013 registered on the file of the District Crime Branch, Pudukkottai, he was purportedly roped into the offence by the Respondent/Police. As such, he moved a bail application in Cr.M.P.No.901 of 2015 on the file of the Principal

and District Sessions Court, Pudukkottai on 6.6.2015. He was granted bail and the charge-sheet was already filed. He also filed Crl.O.P(MD)No.14070 of 2015 seeking permission from this Court to travel outside India. In the said Criminal Original Petition, he had impleaded the Second Respondent/The District Superintendent of Police, District Crime Branch, Pudukkottai Town and District as one of the parties and also arrayed the Immigration Officials of the International Airport both at Chennai and Trichirappalli, through which he used to travel. 5.It comes to be known that the above said Crl.O.P(MD) No.14070 of 2015 filed by the Writ Petitioner on 28.7.2015, this Court at Para 3 had observed the following and closed the Criminal Original Petition:

''3. The learned Government Advocate(Crl.Side) on instructions would submit that the Petitioner has already been received his passport and therefore, the prayer sought for no longer survives, as there is no embargo to travel aboard.''

6.The categorical plea taken on behalf of the Petitioner is that there is no power to issue a new passport in the shape of renewal of an existing passport despite the fact that the existing passport not having lost its currency. In fact, on account of the exhaustion of all the pages in the existing passport, there is no space left for emigration and immigration officials of respective countries to make their stamping in the passport. As such, the Petitioner seeks for issuance of a new passport. Now the Petitioner has projected an application, dated 18.4.2016 before the First Respondent seeking for issuance of a new passport in the subject-matter in issue.

7.Considering the fact that the Petitioner's application, dated 18.4.2016 seeking issuance of a new passport is very much pending on the file of the First Respondent/The Regional Passport Officer, Trichirappalli, at this stage, this Court, simpliciter, without traversing upon the merits and contents of the application of the Petitioner so made, directs the First Respondent/The Regional Passport Officer, Trichirappalli to look into the representation of the Petitioner, dated 18.4.

2016 within a period of one week from the date of receipt of a copy of this order and thereafter, the First Respondent is to pass a reasoned speaking order on merits in an objective and dispassionate manner(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.

18.4.2016. The Petitioner is directed to lend his assistance and co-operation to the First Respondent, in disposing of his representation, dated 18.4.2016 within the time fixed by this Court.

8.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/ Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Regional Passport Officer, Trichirappalli.

2.The District Superintendent of Police, District Crime Branch, Pudukkottai Town and District.

+1 cc to MR.V.SINGAN, Advocate SR.No.46620 +1 cc to Special Government Pleader SR.No.45988 W.P(MD)No.15200 of 2016 19.08.2016 SMA/CK/29/08/2016 :3P/5C