Madras High CourtWP(MD)/17361/2019disposed of

Saravanapandiyan v. The Regional Passport Officer

2019-08-07Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Saravanapandiyan, S/o.Pechipandiyan ... Petitioner -Vs1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli Municipal Water Tank Building, W.B. Road, Tiruchirappalli - 8.

2.The Sub-Inspector of Police, Aranthangi Police Station, Pudukkottai District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 15.07.2019, for issuing fresh passport to him, within the stipulated time limit, as fixed by this Court.

For Petitioner : Mr.S.Muthalraj For R1 : Mr.V.Kathirvelu Assistant Solicitor General of India Assisted by Mr.A.Srinivasan Central Government Standing Counsel For R2 : Mr.M.Rajarajan Government Advocate

ORDER

The prayer in this Writ Petition is for a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 15.07.2019, for issuing fresh passport to him, within the time limit to be fixed by this Court. 1/3

2.Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner and Mr.V.Kathirvelu, learned Assistant Solicitor General of India, assisted by Mr.A.Srinivasan, learned Central Government Standing Counsel appearing for the first respondent and Mr.M.Rajarajan, learned Government Advocate appearing for the second respondent.

3.The petitioner has made an application to the first respondent through online on 24.06.2019 for issuance of passport and based on the application, he has attended the interview on 26.06.2019 and thereafter, he has given a detailed representation to the first respondent on 15.07.2019. However, the said application has not been processed and decided so far. Therefore, the petitioner is before this Court.

4.Mr.V.Kathirvelu, learned Assistant Solicitor General of India, assisted by Mr.A.Srinivasan, learned Central Government Standing Counsel appearing for the first respondent, on instructions, would submit that, pursuant to the application made by the petitioner, it was processed and as per the usual procedure, report from the concerned police authorities had been sought for, which is in the context that, there is a criminal case pending against the petitioner, on the file of the second respondent police station and therefore, only after getting a report to that effect from the second respondent, as to whether the said criminal case is still pending or not and if so, what is the stage of the criminal case, the application of the petitioner would be decided on merits. 5.Mr.M.Rajarajan, learned Government Advocate appearing for the second respondent would submit that, necessary particulars sought for by the first respondent, with regard to the criminal case pending against the petitioner, would be supplied to the first respondent at the earliest point of time.

6.Having regard to the said submissions made by the learned counsel appearing for the parties, with the consent of both sides, this Writ Petition is disposed of at the stage of admission itself, with the following directions:- The petitioner's application dated 24.06.2019 shall be decided by the first respondent, after getting necessary input from the second respondent, in accordance with law and such endeavour shall be made by the first respondent within a period of four weeks on receipt of such report from the second respondent. It is made clear that, the second respondent shall give the input sought for by the first respondent, within a period of two weeks from the date of receipt of a copy of this order.

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7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Smn2 To 1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli Municipal Water Tank Building, W.B. Road, Tiruchirappalli - 8.

2.The Sub-Inspector of Police, Aranthangi Police Station, Pudukkottai District.

+1 CC to Mr.NA.PALANIYANDI, Advocate ( SR-80297[F] dated 07/08/2019 ) +1 CC to Mr.A.SRINIVASAN, Advocate ( SR-80533[F] dated 08/08/2019 ) +1 CC to SPL GP ( SR-80769[F] dated 08/08/2019 ) 07.08.2019 MK (26.11.2019) 3P 6C 3/3