Karthick. Svn v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI SVN.Karthick ... Petitioner Vs 1.The Regional Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's explanation dated 01.08.2023 for letter reference No.SCN/315295829/23, dated 18.07.2023 and to issue passport to the petitioner in File No.MD01C5062225523.

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For Petitioner :Mr.A.Balaji For R1 :Mr.A.Sankara Raman Central Government Standing Counsel For R2 :Mr.Kottaichamy Government Advocate

O R D E R

The petitioner, for the purpose of attending his relative marriage at Singapore, which is scheduled to be held on 03.09.2023 has applied for an issuance of a passport before the first respondent on 04.07.2023. The application of this petitioner in File No.MD01C5062225523 was not considered by the respondent that the petitioner's name mismatched with the other relevant documents. The first respondent has also issued a show cause notice, for which, the petitioner submitted an explanation on 01.08.2023. However, the first respondent has not issued passport to the petitioner. Hence, the petitioner has filed this writ petition for a Mandamus, directing the first respondent to issue a passport within a reasonable time, enabling the petitioner to attend the marriage of his relative, which is scheduled to be held on 03.09.2023.

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2.The learned counsel appearing for the petitioner submits that the petitioner has submitted the application as Karthick Narayanan. His father name is Narayanan. However, in the School Transfer Certificate, 10th Mark Statement, 12th Mark Statement and Birth Certificate, his name was mentioned as SVN.Karthick. This, according to the petitioner Siravilinathan (Petitioner's grandfather's father)  Vijayasamy (Petitioner's grandfather)  Narayanan (Petitioner's father)  Karthick(Petitioner) In view of this confusion, the first respondent has relegated the files for police verification. The second respondent has not concluded the enquiry and has also expanded the scope of the enquiry without mentioning the criminal cases, if any, pending as against this petitioner. The learned counsel for the petitioner has insisted for an 3/7

early order, considering the necessity for attending the marriage at Singapore on 03.09.2023.

3.Mr.A.Sankara Raman, learned Central Government Standing Counsel, who takes notice for the first respondent submits that in view of the confusion in the name of the petitioner in the records, they have issued the show cause notice and ordered for police verification. Once the police verification report has been received, they would take action immediately. 4.Mr.Kottaichamy, learned Government Advocate, who takes notice for the second respondent submits that they have completed the enquiry and they would submit a report to the first respondent by tomorrow.

5.Considering the rival submissions made, this Court is inclined to dispose of this writ petition with the following directions:- 4/7

i. The second respondent shall submit the enquiry report to the first respondent by tomorrow 19.08.2023, without any further delay.

ii. The first respondent shall take a decision based on the report submitted by the second respondent and the submissions of the petitioner, if any, within a period of one week from the date of receipt of a copy of this order. 6.With the above directions, this writ petition is disposed of. No costs.

18.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn Note: Issue order copy on 21.08.2023.

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

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai.

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B.PUGALENDHI, J.

vrn Order made in 18.08.2023 7/7