Disposed

Sudhakaran,S/o.Sekaran v. The Regional Passport officer

Madras HC2 Dec 2019WP/21247/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed for the return of a reissued passport. The Court directed the petitioner to appear before the Regional Passport Officer for a personal enquiry regarding nationality queries raised by the Police before deciding the fate of the passport.

What did the court decide?

Petitioner directed to appear before the Regional Passport Officer; fate of passport to depend on enquiry.

Sudhakaran,S/o.Sekaran Vs The Regional Passport… — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 02.12.2019

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No.21247 of 2018

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Sudhakaran

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.. Petitioner
..Vs..
1. The Regiional Passport Officer,
O/o. Regional Passport Officer,
Chennai Royala Towers,
No.2 & 3 IV Floor,
Old No.785, New No.158,
Anna Salai, Chennai 600 002.
2. The Commissioner of Police,
Egmore, Chennai 600 008. .. Respondents

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PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1^st respondent herein to return the Reissued (renewed) passport in passport Number K1048633, dated 12.02.2013 of the petitioner to him forthwith. For Petitioners : Mr.G.Magesh Kumar For Respondents : Dr.G.Babu, Central Government Standing Counsel (for R1)

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O R D E R

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The petitioner had obtained a Passport in the year 2000 and it was also renewed in the year 2012. In the year 2013, he was called for an enquiry, since the 2^nd respondent namely the Commissioner of Police, Chennai sent a communication suspecting the nationality of the petitioner.

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The learned counsel for the petitioner states that his nationality cannot be disputed since he says that he has Birth

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https://hcservices.ecourts.gov.in/hcservices/

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Certificate, Aadhar Card to show that he is the citizen of the country.

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However, the learned standing counsel for the 1^st respondent stated that the issue can be resolved only if the petitioner appears in person before the 1^st respondent. It is stated that the renewed passport of the petitioner was taken away by the respondent when he went for enquiry. The learned counsel also stated that he took action on the recommendation of the 2^nd respondent, the Commissioner of Police.

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It is made clear that this Court is not suspecting the bonafide of any of the actions of the respondents. Be that as it may, the following orders are passed:

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“The petitioner Sudhakaran, S/o Sekaran, resident of No.4, Vaibogham Flats, New Kuberan Nagar, Madipakkam, Chennai is requested to appear before the 1^st respondent viz., the Regional Passport Officer. O/o. Regional Passport Officer, Chennai Royala Towers, No.2 & 3 IV Floor, Old No.785, New No.158, Anna Salai, Chennai on 06.12.2019 and if there are any inconveniences, to appear again on 09.12.2019 between 11 a.m to 1 p.m., on both dates. The 1^st respondent may enquire the petitioner into all necessary aspects and pass appropriate order.”

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With the above observation, the writ petition is disposed of. The fate of the passport will depend on the enquiry and the conclusion reached by the 1^st respondent. No costs.

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-s/dAssistant Registrar True Copy Sub-Assistant Registrar

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The Regiional Passport Officer, O/o. Regional Passport Officer, Chennai Royala Towers, No.2 & 3 IV Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

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The Commissioner of Police, Egmore, Chennai 600 008.

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https://hcservices.ecourts.gov.in/hcservices/

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+1 cc to M/s.Dr.G.Babu Advocate sr100500 dt 04/12/2019

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+1 cc to M/s.G.Magesh kumar Advocate sr100267

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+1 cc to the Government pleader sr100759 +1 cc to the M/s.Dr.G.Babu Advocate sr100500 dt 09/12/2019

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W.P.No.21247 of 2018

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aa03/12/2019
aa09/12/2019

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https://hcservices.ecourts.gov.in/hcservices/

Sudhakaran,S/o.Sekaran v. The Regional Passport officer

Case brief

What is this about?

What did the court decide?

Sudhakaran,S/o.Sekaran v. The Regional Passport officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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