Kumarasamy vs The Regional Passport Officer
2021 Latest Caselaw 23329 Mad

                                                                               W.P.(MD)No.19823 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 29.11.2021

                                                       CORAM

                              THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                             W.P.(MD)No.19823 of 2021

                     Kumarasamy                                            ... Petitioner

                                                          vs.
                     The Regional Passport Officer,
                     Ministry of External Affairs,
                     Regional Passport Office,
                     Municipal Water Tank Building,
                     W.B.Road, Trichirappalli.                             ... Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to direct the respondent to
                     consider      the   petitioner   fresh     passport   application      in    file
                     TR1068343657315, dated 05.03.2015 and issue passport to the
                     petitioner.


                                   For Petitioner     :Mr.M.Kalamurugappan
                                   For Respondent     :Mr.S.Jeyasingh
                                                        *****




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https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD)No.19823 of 2021




                                                         ORDER

This Writ Petition has been filed in the nature of Mandamus

seeking consideration of the application of the petitioner for passport,

which application was filed on 05.03.2015 in TR1068343657315.

2.Heard Mr.M.Kalamurugappan, learned Counsel for the petitioner

and Mr.S.Jeyasingh, learned Standing Counsel for the respondent.

3.The petitioner had a passport bearing No.F1182737. It has

expired. He, therefore, filed a fresh application in the year 2010. That

was rejected stating that he must file an application to renew the earlier

passport. He filed an application on 05.03.2015 seeking such renewal.

Since no order has been passed, according to the petitioner, in that

particular application, the present Writ Petition has been filed.

4.A counter had been filed on behalf of the respondent. I must

state that the counter is not available in the Court records, but I have the

benefit of examining the counter, which was forwarded by the learned

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19823 of 2021

Counsel for the petitioner. In the counter affidavit, it had been stated that

the petitioner had applied for a fresh passport on 05.03.2015 without

disclosing the earlier passport issued. He had filed a school transfer

certificate, as proof of date of birth and educational qualification.

However, it had been stated that he had furnished a fake certificate, as

proof of date of birth, while applying for passport vide application

No.TRYA047828/10.

5.This necessitated the respondent to register a case against the

petitioner and accordingly, a case was registered against the petitioner at

Pappanadu Police Station at Orathanadu Sub Division in Cr.No.224 of

2015 for the offence punishable under Sections 471, 420 and 467 IPC r/w

12(1)(b) of Indian Passports Act, 1967. This was registered on

23.08.2015. The petitioner has been sought to furnish a copy of the

judgment of the Trial Court.

6.It is not known whether as on date, trial had commenced or trial

had been completed or whether judgment had been pronounced. These

are aspects to the specific knowledge of the petitioner herein. If he is

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19823 of 2021

able to clear these aspects with the respondent and if he is able to file a

fresh application, then the respondent may examine the same provided

the fresh application discloses true and correct information based on the

genuine certificates and also encloses a copy of the judgment of Trial

Court pursuant to the registration of FIR in Cr.No.224 of 2015.

7.I am conscious that I am not giving any details either of the

calender case or the name of the Court, where the offence had been taken

cognizance. But, this Court is also handicapped in view of full facts not

being disclosed in the application. At any rate, a Mandamus is issued

and an obligation is placed on the petitioner herein to satisfy the

respondent with all true facts as aforesaid. If the petitioner does not give

the correct and true facts, the respondent has every right to reject the

application seeking fresh passport or renewal of passport.

8.With the above observation, this Writ Petition is disposed of. No

costs.

                     Index              :Yes / No                            29.11.2021
                     Internet           :Yes



https://www.mhc.tn.gov.in/judis
                                         W.P.(MD)No.19823 of 2021


                                  C.V.KARTHIKEYAN, J.

                                                            cmr




                                             Order made in
                                  W.P.(MD)No.19823 of 2021




                                                   29.11.2021






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