The court permitted the petitioner to submit a fresh passport application after complying with customs dues. Re-issuance requires a no objection certificate from customs confirming liability clearance.
Petitioner permitted to submit fresh application upon paying customs dues and obtaining NOC from third respondent.
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W.P(MD)No.3719 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.3719 of 2023
Amjath Khan
... Petitioner
Vs.
Race Course Road, Madurai.
3.The Joint Commissioner of Customs, Chennai. (R3 is suo motu impleaded vide order dated 17.04.2023 in W.P.(MD)No.3719 of 2023 by GRSJ)
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct respondents to Re-issue of petitioner's passport bearing No.T3685331 on
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W.P(MD)No.3719 of 2023
the basis of petitioner's application File No.MD1073650672921 based on
the petitioner's representation dated 06.12.2022 within the time stipulated
by this Court.
For Petitioner : Ms.A.Banumathy
For Respondents : Mr.A.Uthaman, Standing Counsel for R1 & R2.
Mr.N.Dilip Kumar, Standing Counsel for R3.
ORDER
Heard both sides.
2.The petitioner seeks re-issuance of passport.
3.Since his application was not considered by the first respondent, the present writ petition came to be filed.
4.When the matter was taken up for hearing, the learned standing
counsel for the passport authority submitted that there are customs dues
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W.P(MD)No.3719 of 2023
impleaded.
payable by the petitioner. Thereupon, the third respondent was impleaded.
5,Today ie., 22.11.2023, when the matter was taken up for hearing,
the learned standing counsel for the third respondent submitted that a sum of Rs.2,47,500/- has to be paid as penalty by the petitioner.
6.The petitioner is permitted to submit a fresh application for re-issuance of passport. Along with the application, the petitioner has to enclose no objection certificate from the third respondent indicating that the customs liability has been cleared. On such no objection certificate being filed, subject to fulfilment of other usual formalities, the petitioner's application for re-issuance of passport will be considered.
7.This writ petition is disposed of accordingly. No costs.
22.11.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
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W.P(MD)No.3719 of 2023
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.3719 of 2023
22.11.2023
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1 issue framed by the court
Whether petitioner should be directed to clear customs dues before re-issuance of passport.
1 provisions across 1 enactments
Amjath Khan
Regional Passport Officer, Madurai
Passport Officer, Melakkal Main Road
Joint Commissioner of Customs, Chennai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
