Madras High Court
J.Mohammed Abdul Khader Jailani vs The Passport Officer on 29 September, 2011
Author: R.Sudhakar
Bench: R.Sudhakar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/09/2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.7079 of 2011 and M.P(MD)No.1 of 2011 J.Mohammed Abdul Khader Jailani ... Petitioner Vs. 1.The Passport Officer, Regional Passport Office, Madurai. 2.The Passport Officer, Regional Passport Office, Trichirappalli. 3.The Station Officer, G-1, Veppari Police Station, Chennai - 7. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent to issue a duplicate of the passport of the petitioner bearing No.F-2499640 lost by the petitioner which was issued by the second respondent within the period that may be stipulated by this Court. !For Petitioner ... Mr.M.Ajmal Khan ^For Respondents ... Mr.S.Balasubramanian Central Govt. Standing Counsel for R.1 and R.2 Mr.R.Anandaraj, Govt. Advocate for R.3 * * * * * :ORDER
This writ petition has been filed by the petitioner to issue a writ of Mandamus to direct the first respondent to issue a duplicate of the passport of the petitioner bearing No.F-2499640 lost by the petitioner which was issued by the second respondent within the period that may be stipulated by this Court.
2. Heard Mr.M.Ajmal Khan, learned Counsel appearing for the petitioner, Mr.S.Balasubramanian, learned Central Government Standing Counsel appearing for the respondents 1 and 2 and Mr.R.Anandharaj, learned Government Advocate for the third respondent.
3. By consent, the writ petition itself is taken up for final disposal.
4. The writ petition has been filed by the petitioner seeking a direction to the first respondent to issue a duplicate of the passport as stated above.
5. The first respondent has filed the counter of which the relevant portions read as follows:
"(4) It is submitted that the petitioner had reported loss of passport No.F2499640 dt.17/02/2005 and applied for issue of duplicate passport to the respondent's office vide file No.G000808/11 dt.18/02/2011 along with a non traceable certificate dt.09/02/2011 issued by the Inspector of Police (Crime) G- I Police Station, Chennai-7.
(5) It is submitted that on receipt of the said application for duplicate passport, the case of the petitioner was referred to the Superintendent of Police, Ramanathapuram for necessary verification under section 5(2) of the Passports Act, 1967.
(6) It is submitted that an adverse Police Verification Report dt.21/03/2011 was received in respondent's office on 29.03.2011 from the Superintendent of Police, Ramanathapuram, not recommending issue of passport to the petitioner since a Criminal Case No.27/11 under section 294(b), 355 of IPC was pending against the petitioner in Thirupapttur Police Station."
and stated that in view of the above, the claim of the petitioner could not be considered.
6. Today, when the matter is taken up for hearing, the learned Counsel for the petitioner produced a copy of the order passed in Crl.O.P.(MD)No.10409 of 2011 dated 08.09.2011 wherein the criminal case in Cr.No.27 of 2011 on the file of the Thiruppullani Police Station, Ramanathapuram District, has been quashed.
7. In such view of the matter, the first respondent is directed to consider the claim of the petitioner in the light of the subsequent events referred to above forthwith.
8. The writ petition is disposed of as above. Consequently, the connected Miscellaneous Petition is closed. No costs.
rsb To:
1.The Passport Officer, Regional Passport Office, Madurai.
2.The Passport Officer, Regional Passport Office, Trichirappalli.
3.The Station Officer, G-1, Veppari Police Station, Chennai - 7.