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K.Maiyyan vs The Regional Passport Officer
2021 Latest Caselaw 15136 Mad

Citation : 2021 Latest Caselaw 15136 Mad
Judgement Date : 28 July, 2021

Madras High Court
K.Maiyyan vs The Regional Passport Officer on 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

https://www.mhc.tn.gov.in/judis/
                     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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