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.