W.P.(MD)No.14071 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.14071 of 2024 Jamalmydeen ... Petitioner Vs. The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to re-issue the passport to the petitioner by considering his application taken on file as File No.TR2076558336724 within the time frame that may be stipulated by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.M.Ashok Kumar Central Government Standing Counsel 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14071 of 2024 ORDER This Writ Petition is filed seeking to direct the respondent to re-issue the passport to the petitioner by considering his application taken on file as File No.TR2076558336724. 2. The petitioner made an application for re-issuance of passport on 15.05.2024 in File No.TR2076558336724. On 10.06.2024, the letter communication requiring the petitioner to explain as to the suppression of material information about his earlier passport and also sought for his original birth certificate. In response to the same, the petitioner had duly submitted his explanation along with the necessary documents. Earlier, the petitioner made an application for passport in the year 1991 and he was issued with passport No.K286757. Thereafter, his passport was misplaced, as a result of which he made an application for a new passport and obtained the same in the year 2003 vide passport No.3868354. Now, the petitioner had taken steps to renew his earlier passport which he earlier claimed to have misplaced. The learned Counsel for the petitioner also fairly conceded that he is in possession of both the passports. 3. The learned Central Government Standing Counsel on the basis of the 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14071 of 2024 counter affidavit filed by him submitted that this is a typical case of dual passports. The petitioner, who was born on 5.06.1973 at Kesarapatti, residing at 993-B, Pandiman Kovil Street, Veguppatti, Ponnamaravathi Post and Taluk, Pudukkottai, has applied for re-issuance of passport by application dated 16.05.2024 in continuation with the passport bearing No.K286757 dated 08.11.1991. The petitioner was already in possession of another passport No. E3868354 dated 06.01.2003, mentioning a different place as place of birth, in which he had mentioned the place of birth as Trichy, suppressing the information regarding his earlier passport. And on the scrutiny, it is identified that the petitioner is holding two passports and hence, an explanation was required to be submitted. However, even in his explanation, he had not come forward to surrender both the passports and give diligent explanation as to the real place of birth. In the absence of proper truth as to the place of birth which is to be submitted from the petitioner, the application for renewal of his passport cannot be considered and he pressed for dismissal of the writ petition. 4. Section 10(3)(b) and 12(1)(b) of the Passports Act, 1967 is extracted hereunder: “a.10(3)(b): If the passport or travel document was obtained by suppression of material information or on the basis of wrong information provided by the holder of the 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14071 of 2024 passport or travel document or any other person on his behalf. b. 12(2)(b): Knowingly furnishes any false information or suppress any material information with a view to obtaining a passport or travel document under this Act shall be punishable with imprisonment for a term which may extend to (two years or with fine which may extend to five thousand rupees) or with both.” Suppression of material information as to the place of birth and suppression of material information and providing wrong information while making application or renewal of travel document, is punishable under the Passport Act. 5. In this case, it is needless to state that the petitioner had suppressed the factum of holding two passports and the reason behind that. It has also transpired that in both the passports, that he has given two different destinations as to the place of birth. Under such circumstances, recording the inability of the petitioner to give a proper explanation as to the discrepancy with respect to the place of birth and as to the reason behind him holding two passports and making use of the same and making an application for renewing the earlier passport without surrendering the latest passport makes it necessary to record 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14071 of 2024 that the petitioner has not approached his Court with clean hands. Hence, this Court is not inclined to entertain this petition. 6. Accordingly, this Writ Petition stands dismissed. No costs. 23.01.2025 NCC : Yes / No Index : Yes / No jbr TO:- The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14071 of 2024 L.VICTORIA GOWRI, J. jbr Order made in W.P.(MD)No.14071 of 2024 Dated 23.01.2025 6/6 https://www.mhc.tn.gov.in/judis