Syed Sheick Shariff v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.04.2017
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.20225 of 2016 Syed Sheick Shariff ..Petitioner Vs The Regional Passport Officer, Regional Passport Office, Claret Plaza, Mellakkal Main Road, Kochadai, Madurai District.
..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 consider the Petitioner's representation, dated 7.9.2016 and consequently to direct the respondent to issue fresh passport without insisting to produce another person namely Sheik Moohemeed within the time fixed by this Court.
For Petitioner :M/s.V.Muthuvelan For Respondent :Mr.R.Murugappan Central Govt.Standing Counsel
ORDER
The Petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the respondent to consider the Petitioner's representation, dated 7.9.2016 and consequently to direct the respondent to issue fresh passport without insisting to produce another person namely Sheik Moohemeed within the time fixed by this Court.
2.Mr.R.Murugappan, learned Central Government Standing Counsel takes notice for the respondent.
3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The case of the Petitioner is that he was a permanent resident of the address given in the affidavit and his date of birth is 12.10.1979. According to the Petitioner, he is in possession of the Birth Certificate issued by the competent authority and has permanent license and Permanent Account Number (PAN CARD) and Aadhar Card. He was originally issued with passport on 3.7.1990 vide Passport No. H-558307 and the same had expired in the year 2005. After expiry of the passport, he applied for https://hcservices.ecourts.gov.in/hcservices/
renewal of the passport to the Passport Office at Trichy. Thereafter he was issued with a new passport on 10.5.2005 vide Passport No. F3324275 and the same also expired on 9.5.2015.Thereafter, the Petitioner has approached the respondent for renewal of his passport and paid necessary charges and he also surrendered the old passport. According to the Petitioner, he submitted all the documents for renewal of the passport. The application for renewal of passport has also been acknowledged by the respondent/authority. However, no action has been taken by the authority for re-issue of the passport, as sought for by the Petitioner. In this connection, the Petitioner has submitted his representation to the authority concerned on 7.9.2016, but no decision has been taken on his representation till date. Hence the Petitioner has come forward with the present Writ Petition for the relief stated supra.
5.The learned Central Government Standing Counsel appearing for the respondent would submit that he has no objection for a direction to be issued to the authority to consider his representation and pass orders within the time stipulated by this Court.
6.In view of the submission made by the learned Central Government Standing Counsel appearing for the respondent, considering the limited scope of the prayer sought for and without expressing any view on the merits of the claim made by the Petitioner, this Court directs the respondent to consider the representation of the Petitioner, dated 07.09.2016 and pass orders on the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Regional Passport Officer, Regional Passport Office, Claret Plaza, Mellakkal Main Road, Kochadai, adurai District.
+1 cc to Mr.V.Muthu Velan, Advocate, SR.No.50207 +1 cc to Mr.R.Murugappan, Advocate, SR.No. 50472 W.P(MD)No.20225 of 2016 05.04.2017 vsn MKV-SKN-RSK-SAR 2/19.4.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/