Sivalingam v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sivalingam ... Petitioner versus The Regional Passport Officer, O/o. The Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai - 2.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned closure letter dated 01.02.2018 issued by the respondent and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently, direct the respondent to issue ad-hoc passport to the petitioner. For Petitioner : Mr.K.Kannan For Respondent : Mr.K.Prabhu

ORDER

The petitioner has filed this writ petition challenging the 1/4

impugned communication dated 01.02.2018 sent by the respondent that his application filed for issuance of passport has been closed.

2. It appears that the petitioner has filed an application for issuance of passport to the respondent. Since the petitioner was involved in a criminal case, the respondent has sought for certain clarification with regard to the criminal case pending against him. The petitioner failed to give response to the same. Therefore, the petitioner's application was closed by the respondent and the same was intimated to the petitioner by the impugned communication dated 01.02.2018 and liberty was granted to the petitioner to apply for a fresh passport with all the documents along with required fee and to quote the previous file number at the appropriate place in the relevant form. But, the petitioner, instead of submitting a fresh application for issuance of passport before the respondent, has challenged the impugned communication dated 01.02.2018 in this writ petition. 2/4

3. Today, when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner submits that he will advise the petitioner to submit a fresh application for issuance of passport along with the required documents and required fee before the respondent.

4. In view of the said submission, this writ petition is closed with liberty to the petitioner to submit a fresh application for issuance of passport along with the required documents and required fee, before the respondent, within a period of four (4) weeks from the date of receipt of a copy of this order. In the event, if the petitioner submits a fresh application along with the required documents and required fee, the respondent shall consider the same and take a decision within a period of twelve (12) weeks from thereon. No costs. 05.01.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To The Regional Passport Officer, O/o. The Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai - 2.

05.01.2024 4/4