M.Palpandi v. The Passport Authority,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.20579 of 2013 M.Palpandi ... Petitioner Vs.

The Passport Authority, Passport Office, Kochadai, Madurai-16. ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent either to issue new passport to the petitioner or to renew his passport bearing No.E0982342.

For Petitioner : Mr.V.Kannan For Respondent : Mr.Jeyasingh

O R D E R

The petitioner seeks for a Mandamus directing the respondent either to issue new passport to the petitioner or to renew his passport bearing No.E0982342.

2. The case of the petitioner is that he was issued with a passport in the year 1997 and however, he lost the same and thereafter, he was given another passport in the year 2002. It is the further case of the petitioner that in the year 2009, the respondent initiated proceedings as though the petitioner was holding two passports, even though he informed the loss of his first passport issued to him earlier.

3. It is seen that on 30.09.2010, a show-cause notice was issued to the petitioner to surrender his passport issued on 27.10.1997 along with explanation for suppression of previous passport.

4. The case of the petitioner is that even though he has given the explanation, the authorities have not considered the same so far.

5. On the other hand, in the counter affidavit filed by the respondent, it is stated that the respondent is not in a position to consider the petitioner's case as he has not responded to the show-cause notice, dated 30.09.2010.

6. Considering the above stated facts and circumstances and without expressing any view on the merits of the claim made by the petitioner, I only direct the petitioner to forward the explanation to the respondent to the show-cause notice, dated 30.09.2010 once again, within a period of two weeks from the date of receipt of a copy of this order. On receipt https://hcservices.ecourts.gov.in/hcservices/

of such explanation, the respondent shall pass orders in pursuant to the show-cause notice issued on 30.09.2010, on merits and in accordance with law, within a period of eight weeks thereafter. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Passport Authority, Passport Office, Kochadai, Madurai-16.

+1cc to Mr.S.Jeyasingh, Advocate SR.No.3633 W.P.(MD)No.20579 of 2013 21.01.2016 pm NS/PM-MP/05.02.2016 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/