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2025 DAILYLAW 94333 (MAD)

ABBAS.K.M v. THE REGIONAL PASSPORT OFFICER

WP/33093/2024 · 2025-03-05

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.33093 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.03.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.33093 of 2024 ABBAS.K.M ... Petitioner Vs 1. THE REGIONAL PASSPORT OFFICER, THE REGIONAL PASSPORT OFFICE, NO.213, ROYALA TOWERS, 4TH FLOOR, ANNA SALAI, TRIPLICANE, CHENNAI- 600 002. 2. THE SUPERINTENDENT ENQUIRY OFFICER, THE REGIONAL PASSPORT OFFICE, NO-213, ROYALA TOWERS, 4TH FLOOR, ANNA SALAI, TRIPLICANE, CHENNAI - 600 002. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to reissue passport on the petitioner's Application No.24/10412007153 based on the representation of the petitioner dated 01.10.2024. For Petitioner : Mr.M.Nagoor Moideen For R1 & R2 : Mr.C.Samivel Senior Central Government Standing Counsel (SPC) 1/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 ORDER This writ petition is filed to direct the first respondent to reissue the petitioner's passport Application No.24/10412007153 based on the representation of the petitioner dated 01.10.2024. 2. The respondents originally filed a counter affidavit. It is essential to extract paragraph Nos. 5 and 6 of the counter affidavit, which reads as follows:- 5. It is further submitted that on scrutiny of the application of thepetitioner, it was observed that the petitioner had previously obtaineda passport bearing no. V184064 dated 08.02.1984, valid till07.02.1994, from this respondent office, the Regional Passport OfficeChennai, with date of birth as 14.05.1961. The petitioner hadsuppressed the material information of possession of an Indianpassport while obtaining passport no. P919357 in the year 1993, witha difference of 4 years in his date of birth. Thus the petitioner is a“double-passport” holder, who is in possession of 2 sets of Indianpassports with different personal particulars as tabulated below: Set-1 Set-2 Passport no: VI84064 Passport no: P919357 2/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 Set-1 Set-2 Date of issue: 08.02.1984 Valid till: 07.02.1994 Place of issue: Chennai, Tamil Nadu Date of issue: 09.07.1993 Valid till: 08.07.2003 Place of issue: Kozhikode, Kerala Name:Kottakunu Mohamed Moideen Abbas Name: Abbas Kottakunnu Muhammad Moidee Father name: K. Mohamed Moideen Fathername: Muhammad Moideen Kottakunnu Mother name: Not Available Mother name:Nabeesa Place of Birth:Mannur, Kerala Place of Birth:Mannur West Date of Birth: 14.05.1961 Date of Birth: 14.05.1965 6. It is submitted that the documents submitted by the petitioner forobtaining his first passport in the year 1984 is not available in therecords of this respondent. As there was 4 years difference in the dateof birth claimed by the petitioner in his current application from hisfirst passport, the petitioner was advised to obtain order from thecompetent court for date of birth correction along with penalty, asapplicable. There was no further response from the petitioner’s endand his file was subsequently closed on 17.05.2016, due to efflux oftime. The closure of his file was also intimated to the petitioner videletter reference no. FCL/304028173/16 dated17.05.2016. (Annexure R1) 3. Thereafter, on behalf of the respondents, a written submission was filed, in which it is stated in paragraph No.4, as extracted below:- 4. It is submitted that recently, this respondent was in receipt of a letterdated 01.10.2024 from the petitioner, which was an explanation regarding the circumstances under which a 3/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 fresh passport was obtained by him in the year1993 while already holding another passport, which itself was notconvincing. It was also mentioned in the letter that he had applied for reissueof passport vide application number 24/1012007153 on September 28, 2024and requested assistance in reissuing his passport. 4. Pursuant to the said submission made before this Court, the learned counsel appearing for the petitioner submitted that the petitioner had also appeared in person and filed the supporting documents. The petitioner has also filed documents such as his aadhaar card, school transfer certificate etc., with reference to the date of birth. It is only because the petitioner is not highly literate that there were discrepancies in the earlier details provided by him. This time, he has given correct and comprehensive particulars. 5. The learned counsel appearing on behalf of the respondents submitted that the same will be duly considered in accordance with law and that they will pass orders on merits as per the rules. 6. In view thereof, since it is stated that the petitioner has made Application No.24/10412007153, the first respondent shall consider the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 same in accordance with law and pass orders thereon within a period of four weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. No costs. 05.03.2025 Neutral Citation: Yes/No nsl To 1. THE REGIONAL PASSPORT OFFICER, THE REGIONAL PASSPORT OFFICE, NO.213, ROYALA TOWERS, 4TH FLOOR, ANNA SALAI, TRIPLICANE, CHENNAI- 600 002. 2. THE SUPERINTENDENT ENQUIRY OFFICER, THE REGIONAL PASSPORT OFFICE, NO-213, ROYALA TOWERS, 4TH FLOOR, ANNA SALAI, TRIPLICANE, CHENNAI - 600 002. D.BHARATHA CHAKRAVARTHY, J. nsl 5/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 W.P.No.33093 of 2024 05.03.2025 W.P.No.33093 of 2024 D.BHARATHA CHAKRAVARTHY, J. This matter is listed under the caption “for being mentioned” at the instance of the learned counsel for the petitioner. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 2. It is stated that there is a mistake in the application number, both in the affidavit and in the prayer made in the writ petition by the petitioner. Accordingly, the petitioner is permitted to correct the application number in the bundle in open Court. 3. Accordingly, in the original order dated 05.03.2025, the petitioner's application number is mentioned as “24/10412007153” and the same shall be replaced with “24/1012007153” wherever it occurs. 4. By mentioning the correct number, the Registry is directed to issue a fresh order copy. 12.03.2025 nsl D.BHARATHA CHAKRAVARTHY.J., nsl 7/8 https://www.mhc.tn.gov.in/judis W.P.No.33093 of 2024 W.P.No.33093 of 2024 12.03.2025 8/8 https://www.mhc.tn.gov.in/judis