Citation : 2021 Latest Caselaw 15136 Mad
Judgement Date : 28 July, 2021
W.A.No.576 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.No.576 of 2016 and CMP.No.7628/2016
K.Maiyyan ... Appellant
-vs-
1. The Regional Passport Officer,
158, Anna Salai, Chennai-600 002.
2. The Immigration Officer,
Bureau of Immigration, Shastri Bhavan,
26, Haddows Road, Nungambakkam,
Madras-600 006.
3. The Visa Officer, Office of the
U.S.Consulate General,
Anna Salai, Chennai-600 006.
4. Prasad Kailasam ... Respondents
Prayer: Writ appeals filed under Clause 15 of the Letters Patent
against the order dated 07.03.2016 made in W.P.No.7376 of 2015 by
a learned Single Judge of this Court.
For Appellant : No appearance
For respondents : No appearance
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1/4
W.A.No.576 of 2016
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA.J)
This Writ Appeal has been directed against the impugned order
dated 07.03.2016 made in W.P.No.7376 of 2015 by a learned Single
Judge of this Court.
2. The Appellant herein filed the Writ Petition seeking to issue
a Writ of Mandamus, directing the respondents 1 and 3 to take
appropriate action against the 4th respondent, under the Passport Act
and also under the Immigration Law so as to cancel the Passport and
visa granted to the 4th respondent under Passport No.F2367353 in File
No.6004387/2005 dated 05.04.2005 by recalling the 4 th respondent
from the United States of America thereby passing suitable orders on
the petitioner's representation dated 15.02.2015. This prayer was
refused by the learned Single Judge and after the dismissal of the said
Writ Petition, the present Writ Appeal has been filed by the Writ
Petitioner/appellant herein.
3. When the writ appeal was called to-day, there was no
representation on either side.
4. Further, on a perusal of the case records, it appears that
https://www.mhc.tn.gov.in/judis/
W.A.No.576 of 2016
the learned Single Judge has dismissed the request of the writ
petitioner/appellant to consider his representation dated 15.02.2015
and to pass appropriate orders against the 4th respondent herein under
the Passport Act and the Immigration Law and to cancel the passport
and visa granted to him, by elaborately dealing with the matter holding
that mere direction to consider one's representation will result in
adverse consequences and it will give rise to renewing a stale,
untenable or dead claim. Therefore, we find no infirmity in the said
order of the learned Single Judge. However, since there was no
representation on behalf of the appellant, it shows that he is not
interested in prosecuting the present Writ Appeal.
5. In view of the above, the Writ Appeal is dismissed for non-
prosecution. No costs. Consequently, connected Miscellaneous
Petition is also closed.
(T.R.J.,) (V.S.G.J.,)
28.07.2021
tsi
T.RAJA, J.
https://www.mhc.tn.gov.in/judis/
W.A.No.576 of 2016
and
V.SIVAGNANAM, J.
tsi
To
1. The Regional Passport Officer, 158, Anna Salai, Chennai-600 002.
2. The Immigration Officer, Bureau of Immigration, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Madras-600 006.
3. The Visa Officer, Office of the U.S.Consulate General, Anna Salai, Chennai-600 006.
W.A.No.576/2016
28.07.2021
https://www.mhc.tn.gov.in/judis/
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