Bavaji.S v. The Regional Passport Officer

1 W.P.(MD)NO.29262 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29262 of 2023 S.Bavaji ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3. The Inspector of Police, Kenikarai police station, Ramanathapuram, Ramanathapuram District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to call for the records pertaining to the impugned letter in File No.MD1075142459923, dated 27.09.2023 passed by the 1st respondent and quash the same as illegal, consequently directing the 1st respondent to consider the re-issue of passport to the petitioner based on his application in File No.MD1075142459923, dated 04.03.2023, by rectifying the 1/4

2 W.P.(MD)NO.29262 OF 2023 date of birth as 03.08.1984 instead of 09.01.1980 and the employment type as Government servant instead of self employment as well as the name of the father as Salim Malick, instead of Saleem Malick.

For Petitioner : Mr.A.Saravanan For R-1 : Mr.S.Paramasivam For R-2 & R-3 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner is working as Probation Officer in Tamil Nadu Jail Service. He applied for re-issuance of passport. In his application, the petitioner wrongly described himself as self employed. If a person is in Government service and it is not disclosed, it does amount to offence. It appears that in the case on hand, the mistake was inadvertently committed. The application also suffers from few other errors. His date of birth was wrongly mentioned and his father's name was wrongly mentioned. In the affidavit filed in support of the writ petition, an explanation has been given. Such explanation deserves to be accepted.

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3 W.P.(MD)NO.29262 OF 2023

3. In this view of the matter, this writ petition stands set aside. The petitioner is permitted to submit a fresh application before the first respondent containing correct details. Upon receipt of such application, the same will be considered and disposed of by the first respondent. This writ petition stands disposed of. No costs.

18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Regional Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3. The Inspector of Police, Kenikarai police station, Ramanathapuram, Ramanathapuram District.

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4 W.P.(MD)NO.29262 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29262 of 2023 18.12.2023 4/4