M.Abdul Hasan Mydeen Pitchai v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.22664 of 2016 and W.M.P.(MD).No.16220 of 2016 M.ABDUL HASAN MYDEEN PITCHAI ... Petitioner Vs.

THE REGIONAL PASSPORT OFFICER BHARATHI ULA VEETHI, RACE COURSE ROAD MADURAI - 625 002.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent passport officer to consider the petitioner's representation dated 23.03.2016 and forbear the respondent from proceeding with the enquiry proceedings in violation of principles of Natural Justice and consequently reconvey the passport within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.C.Nandagopal Central Govt Standing Counsel

ORDER

The writ petition has been filed seeking a direction, directing the respondent passport officer to consider the petitioner's representation dated 23.03.2016 and forbear the respondent from proceeding with the enquiry proceedings in violation of principles of Natural Justice and consequently reconvey the passport within the time period stipulated by this Court.

2.According to the petitioner, he applied for a passport in the year 2002 and the same was issued by the Regional Passport Officer, Trichy on 23.09.2002. After the expiry of the passport, on 05.11.2012, he submitted an application for renewal of the passport along with necessary documents. On 06.11.2012, the respondent issued a passport. While that being so, on 14.05.2013, the respondent sent a letter to the petitioner stating that an adverse police verification report has been filed against him to https://hcservices.ecourts.gov.in/hcservices/

the effect that he is not residing in the given address and working in Chennai and in this regard, the respondent sought an explanation from the petitioner along with supporting documents. Subsequently, the petitioner appeared before the respondent on 22.05.2013 and surrendered his passport and requested the respondent for re-verification report. Thereafter, the petitioner appeared before the Melapalayam Police Station for the verification. Then, he appeared before the respondent and requested to issue the passport. Thereafter, on 13.11.2013, the respondent issued the passport and send it through post.

Thereafter, the respondent again passed an order, seeking explanation from the petitioner for the adverse police verification report, and according to the petitioner, the copy of the adverse police verification report was not furnished to him. Hence, he sent a representation dated 23.03.2016 to the respondent. But sofar, no action has been taken. Hence, he has filed the present writ petition before this Court. 3.The learned Central Government Standing Counsel appearing for the respondent contended that the petitioner's representation would be considered by the respondent within a time frame to be fixed by this Court.

4.In the said circumstances, the petitioner is directed to appear for enquiry before the respondent and the respondent is directed to furnish all the required documents to the petitioner so as to enable him to furnish his reply as early as possible, thereafter, the respondent is directed to conduct enquiry and pass order on merits and in accordance with law.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) /TRUE COPY/ Sub Assistant Registrar To THE REGIONAL PASSPORT OFFICER BHARATHI ULA VEETHI, RACE COURSE ROAD MADURAI - 625 002.

+1cc to T.LAJAPATHI ROY,ADVOCATE,SR NO.73201 W.P(MD)No.22664 of 2016 25.11.2016 SMA/GSV-PM/5.1.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/