Writ petition for passport renewal rejected due to FIR pending against petitioner for protest participation. Court granted liberty to file fresh application and directed authority to consider it on merits within eight weeks.
Liberty to file fresh application granted; 1st respondent directed to consider same on merits within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No.20382 of 2018
S.Sridhar
..Petitioner
Vs.
Anna Salai, Chennai – 600 002.
Puducherry – 605 003.
...Respondents
PRAYER: This Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to renew the petitioner Passport applied under file No.MA 4070869153318 dated 03.01.2018.
For Petitioner : M/s.G.Punniakoti For Respondents : Mr.S.N.Parthasarathi SCGSC for R1 & R2 No appearance for R3
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, directing the 2nd respondent to renew the petitioner's Passport applied under file No.MA 4070869153318 dated 03.01.2018.
has applied for renewal of the Passport on 03.01.2018, but the same was kept pending. Later, when the petitioner checked the status of his Passport Renewal Application through online, it shown as “Police verification not clear”. Thereafter, immediately he verified with the local Police and came to know that there is an FIR pending against him regarding a protest related to Kaveri issue and his name was impleaded as 43rd accused in the FIR. The petitioner fairly admitted the fact that he was involved in the protest along with other political party members but he was not aware of the fact that an FIR was registered against him and that is the reason why he has not stated anything about the FIR in the Passport Application. The petitioner also made a representation on 19.04.2018 to the 1st respondent and after giving the representation, he received a reply calling for an enquiry at the 1st respondent office on all working days and he went and clarified the facts. Even though the 1st respondent has not renewed the Passport of the petitioner. Aggrieved over the same, the petitioner is before this Court by virtue of the present writ petition.
accused and therefore, the petitioner honestly not mentioned anything about the pending FIR. Thus, this Court grants liberty to the petitioner to file a fresh application for renewal of the Passport to the 1st respondent and in which case, the 1st respondent is directed to consider the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
Pns
To
+1 CC to M/s.G. Punniakoti, Advocate sr 572
+1 CC to Mr.S.N.Parthasarathi, Advocate sr 1683.
W.P.No.20382 of 2018
KSM(CO) SP(22/02/2022)
3 issues framed by the court
Whether an applicant involved in a public protest can be granted liberty to file a fresh passport renewal application despite a pending FIR.
Whether the High Court can direct the passport authority to consider a fresh application on merits within a specific timeframe.
Whether suppression of material information regarding an FIR due to lack of knowledge constitutes sufficient cause to reject a passport renewal.
1 provisions across 1 enactments
S.Sridhar
The Regional Passport Officer, Regional Passport Office
The Regional Passport Officer, Passport Seva Kendra
Inspector of Police, Rediyar Palayam
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
