BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18/11/2009
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
W.P(MD)No.10951 Of 2009
and
M.P(MD)No.1 of 2009
M.Sareef ..Petitioner
vs.
1. The State of Tamil Nadu,
represented by the Secretary,
Home Department,
Secretariat,
Fort St.George,
Chennai-9.
2. The Chief Passport Officer,
Government of India,
Ministry of External Affairs,
CPV Division, Patiala House,
Tilak Mark, New Delhi - 110 001.
3. The Passport Officer,
Passport Office,
Bharathi Ula Street,
Madurai District.
4. The Superintendent of Police,
District Police Office,
Tirunelveli District.
5. The Inspector of Police,
Shenkottai Police Station,
Tirunelveli District. ..Respondents
PRAYER
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus directing the third respondent to issue a
passport to the petitioner's passport to the petitioner's passport application
No.A011538/2009, dated 15.04.2009 and further to direct the fourth and fifth
respondents to provide adequate compensation to the petitioner for their
unconstitutional act.
!For Petitioner ... Mr.S.M.A.Jinnah
^For Respondents ... Mr.S.C.Herold Singh
1,4 and 5 Government Advocate
For Respondents ... Mr.C.Ramachandran,CGSC
2 and 3
:ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus
to direct the third respondent to issue a passport to the petitioner, pursuant
to his application No.A011538/2009, dated 15.04.2009 and further, to direct the
fourth and the fifth respondents to provide adequate compensation to the
petitioner for their act of refusing to issue the passport to the petitioner
stating that he belongs to ‘Manitha Neethi Pasarai’.
2. The main contention of the learned counsel for the petitioner is that
‘Manitha Neethi Pasarai’ is not a banned organization and therefore, it is not
open to the respondents to refuse to issue a passport to the petitioner, based
on the ground that he is a member of the said organization. The learned counsel
had further submitted that the third respondent had denied the request of the
petitioner for the issuing of a passport, without giving him an opportunity of
hearing. The learned counsel had also submitted that no proper reason exists
for the third respondent to refuse the request of the petitioner to issue a
passport in his favour.
3. Mr.C.Ramachandran, the learned Central Government Standing Counsel,
appearing on behalf of the respondents 2 and 3 had submitted that the refusal
to issue a passport to the petitioner, by the third respondent, is based on the
report submitted by the fourth respondent. However, if the petitioner resubmits
his application for passport by filing two ‘Personal Particulars Form’ of the
petitioner, the third respondent, shall reconsider the request and pass
appropriate orders thereon, after giving him an opportunity of hearing and by
getting the report from the fourth respondent.
4. In view of the submissions made on behalf of the learned counsel
appearing on behalf of the petitioner, as well as the learned counsel appearing
on behalf of the respondents 2 and 3, this Court directs the third respondent to
reconsider the request of the petitioner, after he submits the ‘Personal
Particulars Form’ necessary to be filed requesting for a review of the earlier
order passed by the third respondent, rejecting the request of the petitioner
for issuing a passport. On such submission of the ‘Personal Particulars Form’
by the petitioner, the third respondent shall reconsider the request of the
petitioner for issuing the passport, after giving him an opportunity of the
hearing and based on the report to be submitted by the fourth respondent, as
expeditiously as possible, without reference to the earlier order of rejection,
dated 09.09.2009.
5. With the above directions, the Writ Petition is disposed of.
Consequently, the connected Miscellaneous Petition is closed. No costs.
vsn
To
1. The Secretary,
State Government of Tamil Nadu,
Home Department,
Secretariat,
Fort St.George,
Chennai-9.
2. The Chief Passport Officer,
Government of India,
Ministry of External Affairs,
CPV Division, Patiala House,
Tilak Mark, New Delhi – 110 001.
3. The Passport Officer,
Passport Office,
Bharathi Ula Street,
Madurai District.
4. The Superintendent of Police,
District Police Office,
Tirunelveli District.
5. The Inspector of Police,
Shenkottai Police Station,
Tirunelveli District.