Madras High CourtWP(MD)/25948/2022disposed of

Deepa.N.G v. The Passport Officer

2022-11-29Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 29.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25948 of 2022 N.G.Deepa ..Petitioner Vs 1.The Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625 016.

2.The Enquiry Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai - 625 002.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to cancel the earlier passport of the Petitioner bearing No. B 0168432 and renew the passport of the Petitioner bearing No.J3928803, consider the representation of the petitioner, dated 26.08.2022 expeditiously in accordance with law.

For Petitioner :Mr.C.Godwin For Respondents :Ms.L.Victoria Gowri 1 and 2 Asst.Soliciter General of India

ORDER

The Petitioner has filed this Writ Petition seeking issuance of a Writ

of Mandamus directing the respondents to cancel the earlier passport of the Petitioner bearing No. B 0168432 and renew the passport of the Petitioner bearing No.J3928803, consider the representation of the petitioner, dated 26.08.2022 expeditiously in accordance with law. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The case of the Petitioner is that the Petitioner had applied for passport before the Passport Office, Thane and obtained a passport on 19.12.2010 vide Passport No.J3928803. The said passport got expired on 18.12.2020 and hence the Petitioner applied for passport on 19.11.2020 vide File No.MD 1073108555120.While verification for renewal of passport, it was noticed that the Petitioner had already obtained another passport in his name vide No.B0168432.The Petitioner was not aware of the same and the same was applied before marriage. Hence the Petitioner surrendered the above two passports as per the direction of the Enquiry Officer of the Regional Passport Office, the second respondent herein However, the Petitioner has not used his first passport bearing No.B0168432. Hence the Petitioner has submitted a representation dated 26.08.2022 to cancel the earlier passport and to renew the second passport.Since the same was not done, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Assistant Soliciter General of India appearing for the respondents filed a counter affidavit stating that the Petitioner had obtained two different fresh passports entirely different mother's name and slightly different father's name and hence the matter was referred to the Commissioner of Police, Madurai through letter, dated 20.12.2020 followed by reminder on various dates to investigate into the matter for having obtained two different fresh passports suppressing the first fresh passport, that too, with entirely different mother's name and slightly different father's name.The enquiry report of the Commissioner is awaited and that the Petitioner's action having obtained two different fresh passports attracts the offence under Section 10(3) and 12(1)(b) of the Indian Passports Act, 1967.The Petitioner has also agreed through her explanation, dated 24.11.2020 that she obtained fresh passport from the Regional Passport Office, Thane, without disclosing the passport details obtained by her from the Regional Passport Office, Trichy, that too, with incorrect parents name.

5.The learned Assistant Solicitor General of India appearing for the respondents would submit that the Petitioner's representation in this regard will be considered taking into account the above facts and appropriate orders will be passed within the time stipulated by this Court. 6.In view of the aforesaid position, this Court directs the

respondents concerned to consider the representation of the petitioner, dated 26.08.2022, if it is otherwise in order and issue appropriate orders in respect of the Petitioner's claim to cancel the earlier passport of the Petitioner bearing No. B 0168432 and to renew the passport of the Petitioner bearing No.J3928803, within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition stands disposed of. No costs.

29.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625 016.

2.The Enquiry Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai - 625 002.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25948 of 2022 29.11.2022