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Madras High CourtWP(MD)/27779/2024disposed of

M. Pannerselvam v. The Regional Passport Officer

2025-01-21Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.23579 of 2024 M.Pannerselvam ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625 016.

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

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of 2nd respondent in File No.MD1063177084720 dated October 2024 and quash the same as illegal and consequently direct the respondents to issue the passport in File No.MD1063177084720.

For Petitioner : Mr.R.Paranjothi M/s.KBS Law Office For Respondents : Mr.R.Senthilkumar Central Government Standing Counsel 1/5

ORDER

The prayer in the Writ Petition reads as follows:- "To issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of 2nd respondent in File No.MD1063177084720 dated October 2024 and quash the same as illegal and consequently direct the respondents to issue the passport in File No.MD1063177084720. "

2.The petitioner being a Diploma holder in Civil Engineering, obtained a passport in No.F243188. He had been to United Arab Emirates, on 14.01.1992 for employment and come back to India during 1995. While so, his passport was misplaced. The claim of the petitioner is that he approached a passport agent for obtaining true copy of the misplaced passport. However, he was on the wrong advice of the passport agent to obtain a fresh passport and the petitioner made a fresh application and obtained second passport No.V507346. In the meanwhile, the earlier misplaced passport was traced. Though the petitioner had obtained second passport, he did not travel using the same. In the meanwhile, the earlier passport got expired during 1999 and the same was renewed for a period of 20 years and the same further expired during 2019. Pursuant to the same, he made an application for renewal of passport. However, without processing the said renewal application, the said application is closed.

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3.Heard the learned counsel appearing for the petitioner, the learned Central Government Standing Counsel for the respondents and carefully perused the entire materials available on record. 4.Considering the peculiar nature of this case, this Court hereby direct the petitioner to hand over both the passports before the first respondent and thereafter, make an application afresh for renewal of passport. The first respondent on receipt of the same, will pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order. 5.This Writ Petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

21.01.2025 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/5

To 1.The Regional Passport Officer, Regional Passport Office, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625 016.

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

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L.VICTORIA GOWRI, J.

Mrn 21.01.2025 5/5