Renuka v. Frro Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Renuka ... Petitioner Vs.

1.FRRO Officer, Foreigner Regional Registration Office, Bureau of Immigration, Shastri Bhavan Annexe, 26, Haddows Road, Chennai - 600 006.

2.The Passport Officer, New No.201/7D, Old No.201/7, Medical College Road, Next to Kumaran Theater, Thanjavur - 613 007.

3.The Inspector of Police, Athiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

4.The Indian Embassy, High Commission of India, Kuala Lumpur Level 1, Wisma HRIH Lotus, No.442, 1/6

Jalan Pahang, Setapak, 53000, Kuala Lumpur, Malaysia.

(R.4 is suo motu impleaded vide order of this Court dated 02.08.2024) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to renew the passport of the petitioner's husband Tamilarasan at earliest. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.B.Rajesh Saravanan Central Government Standing Counsel for R.1 & R.2 Mr.A.Albert James Government Advocate (Criminal Side) for R.3 Mr.Rajesh Saravanan for R.4

ORDER

Heard both sides.

2.The writ petitioner's husband / Tamilarasan is a holder of Indian passport. He is working as a mason at Malaysia. Passport was originally issued by the Passport Officer, Thanjavur. His passport has since 2/6

expired. The petitioner is unable to come down to India because his passport has not been renewed. In these circumstances, the present writ petition came to be filed.

3.The petitioner's husband does not have any voter ID card or Aadhar card. Passport was obtained on the strength of old family ration card. The apprehension of the petitioner is that the petitioner may not be able to secure renewal for want of documentation. In this back ground, the present writ petition has been filed.

4.The Passport Officer, Trichirappalli has stated as follows: "1. It is submitted that, the petitioner husband Mr.Tamilarasan Mariappan S/o.Mariyappan born on 19/04/1979 at Pazhalnchoor residing at 70A3 Melapazhanjur Melpath, Pazhanchoor Post, Pattukkottai Tk, Thanjavur - 614 701 had applied for reissue of passport vide file ML0075152923924 dt. 09.02.2024 at the HCL, Kuala Lumpur, Malaysia in continuation of passport no.L2490740 dated 28.03.2014 and his application was processed on the basis of pre police verification basis. Thereafter, the office of High Commission of India, Kula Lumpur had received an adverse Police Verification Report from the Superintendent of Police, Thanjavur with remarks "He 3/6

currently does not reside at this address". Therefore the application for reissue is kept on hold by the HCI, Kuala Lumpur.

2. It is further submitted that since the petitioner husband's application is pending for reissue of passport with the HCL, Kuala Lampur, this office does not have any role in this regard. Hence this office cannot process the application or reissue of passport."

The petitioner's husband (Tamilarasan) is permitted to approach the fourth respondent by enclosing copy of this order. The second respondent shall also intimate passing of this order to the fourth respondent. This shall be done by the second respondent immediately and without delay.

5.The learned Government Advocate appearing for the third respondent clarifies that the petitioner's husband has not come under adverse notice and there is no criminal case pending against him. 6.Since the petitioner is holder of a valid Indian passport, he is entitled to seek renewal. His request for renewal should not be denied on the ground of want of document such as Aadhar card and voter ID 4/6

copy. As and when the petitioner's husband approaches the fourth respondent, his passport shall be renewed subject to the fulfilment of the other usual formalities.

7.This writ petition is allowed accordingly. There shall be no order as to costs.

02.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.FRRO Officer, Foreigner Regional Registration Office, Bureau of Immigration, Shastri Bhavan Annexe, 26, Haddows Road, Chennai - 600 006.

2.The Passport Officer, New No.201/7D, Old No.201/7, Medical College Road, Next to Kumaran Theater, Thanjavur - 613 007.

3.The Inspector of Police, Athiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

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G.R.SWAMINATHAN,J.

MGA 02.08.2024 6/6