Riswana Begum v. Regional Passport Office

1 W.P.(MD)NO.20218 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20218 of 2022 and W.M.P.(MD)No.14699 of 2022

1. Riswana Begum

2. Minor Agnes Jafarna, Rep. By father and natural guardian Abdul Fazith. ... Petitioners Vs.

1. The Regional Passport Office, For Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Villakuthoon police station, East Veli Street, Madurai - 625 001.

3. The Immigration Officer, Embassy of India, Plot No.10, Sector W-59/02, Diplomatic Area, OFF Airport Road, P.O.Box No.4090, Abu Dhabi, UAE.

(R-3 is suo motu impleaded vide Order dated 29.08.2022) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 1/5

2 W.P.(MD)NO.20218 OF 2022 the first respondent to re-issue the passport to the petitioners in application numbers. ARN 22-2002498548 and ARN 22-2002634026 within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajeskumar For R-1 & R-3 : Mrs.Ragaventhri, Central Government Standing Counsel.

For R-2 : Mr.R.Sivakumar, Government Advocate.

* * *

O R D E R

Heard the learned counsel on either side.

2. The writ petitioners are mother and daughter. They are Indian citizens and the holders of Indian passport. The validity of the first petitioner's passport had already expired and the validity of the second petitioner's passport will expire on 28.08.2022. They are presently residing in Abu Dhabi. They wanted to come down to India. Therefore, the passport will 2/5

3 W.P.(MD)NO.20218 OF 2022 have to be renewed. Hence, they have filed this writ petition. The petitioners have already submitted their requisite application before the Indian Embassy / third respondent herein. Since the petitioners wanted to come back to India, this writ petition is disposed of with the following directions:- a) The petitioners are directed to submit a fresh representation to the third respondent enclosing the web copy of this order made in this writ petition.

b) Immediately on receipt of such representation, the passport of the writ petitioners shall be re-issued / renewed for a period of two years.

c) On such re-issuance / renewal, after the petitioners come down to India, they shall appear before the Inspector of Police, Anna Nagar police station, Madurai.

3. The petitioners through their counsel categorically assert that there is no criminal case is pending against them and that they also do not have any permanent residence at Madurai. However, they had earlier resided at Madurai and that is how the first respondent came to issue passport to the writ petitioners. The writ petitioners wanted to come down to 3/5

4 W.P.(MD)NO.20218 OF 2022 India as the first petitioner's brother is presently residing at Madurai.

4. This writ petition stands allowed on these terms. No costs.

29.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Regional Passport Office, For Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Villakuthoon police station, East Veli Street, Madurai - 625 001.

3. The Immigration Officer, Embassy of India, Plot No.10, Sector W-59/02, Diplomatic Area, OFF Airport Road, P.O.Box No.4090, Abu Dhabi, UAE.

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5 W.P.(MD)NO.20218 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.20218 of 2022 29.08.2022 5/5