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[Cites 2, Cited by 0]

Madras High Court

Idar Ali Muthalif vs The Regional Passport Officer on 5 October, 2010

Author: M.Jaichandren

Bench: M.Jaichandren

       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 05/10/2010

CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN

Writ Petition(MD)No.12062 of 2010

Idar Ali Muthalif					.. Petitioner

Versus

1.The Regional Passport Officer,
  Shastri Bhavan,
  Nungambakkam,
  Chennai.
2.The Passport Officer,
  K.Pudur,
  Madurai.
3.Office of the Inspector of Police
  and Immigration Officer,
  Airport Immigration,
  Thiruchirappalli.					.. Respondents

Prayer

Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Mandamus, directing the respondents to return the
petitioner's passport bearing No.E-5957732 which was withheld by the third
respondent.

!For petitioner  ... M/s.B.Tamil Nidhi
^For respondents ... Mr.K.K.Selthilvelan
		     Assistant Solicitor General of India

:ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as Mr.K.K.Senthilvelan, the learned Assistant Solicitor General of India, appearing on behalf of the respondents.

2. At this stage of the hearing of the writ petition, the learned Assistant Solicitor General of India, appearing on behalf of the respondents, had placed before this Court, a communication from the Passport Officer, Regional Passport Office, Chennai, dated 22.09.2010, which is as follows:

"We have been informed by the Inspector of Police & Immigration Officer, Tiruchirappali Airport vide their letter No.67-1/Doc.V/PRO-TRI/2010 dated 06.08.10 forwarding the seized passport No.E-5957732 dated 29.09.03 issued in respect of Sh.Idar Ali Muthalif by the Embassy of India, Riyadh stating that he is unable to answer properly regarding his name, parentage and residential address as mentioned in the passport (copy enclosed).
The petitioner initially obtained passport No.R-033364 dated 13.12.93 from this office mentioning his address as Old No.17-A, New No.18, Gopal Reddy Nagar, 4th Street, Korukupet, Chennai 21.
As the Immigration Officer, Tiruchirappali Airport suspected the genuineness of petitioner's name, parentage and residential address of the petitioner, the matter was referred to the Commissioner of Police, Chennai City to ascertain the genuineness of the particulars entered in the passport of the petitioner.
In his explanation furnished in an affidavit dated 19.08.10, the petitioner has stated that he shifted his family from Chennai to Madurai during the year 2003. In spite of change in address of the petitioner from Chennai to Madurai, he obtained reissued passport No.E5957732 dated 29.09.03 from Embassy of India, Riyadh declaring the Chennai address.
It is clear from the above that the petitioner has willfully suppressed the material information of address and obtained reissued passport from Embassy of India, Riyadh which attract section 10(3)(b) of Passport Act, 1967. The matter has now been referred to Superintendent of Police, Madurai to verify his identity and genuineness of his personal particulars.
Hence the passport of the petitioner will be released on receipt of clear police verification report from Commissioner of Police, Chennai and Superintendent of Police, Madurai."

3. In view of the statements made in the communication, dated 22.09.2010, since, no further orders are necessary in the present writ petition, the writ petition stands closed. No costs.

srm To

1.The Regional Passport Officer, Shastri Bhavan, Nungambakkam, Chennai.

2.The Passport Officer, K.Pudur, Madurai.

3.Office of the Inspector of Police and Immigration Officer, Airport Immigration, Thiruchirappalli.