Finding that the petitioner has suffered disproportionately because of impounding of his passport, the Madras High Court permitted the petitioner to submit a fresh application before the respondent (Regional Passport Officer) anticipating that the petitioner would have learnt his lessons and that he would submit the correct particulars this time.

If any such application is submitted, the same shall be considered and the petitioner is issued with a passport provided there is no other impediment and subject to fulfilment of usual formalities, clarified the Court.

The ruling came while considering a petition seeking to declare the cancellation of the petitioner's passport as illegal and consequently directing the respondent to issue a passport for the petitioner within the time frame stipulated by this Court.

A Single Judge Bench of Justice GR Swaminathan observed that “for almost nine years, the petitioner has been without any passport. Obviously, his life and career have been affected. Even if the petitioner had committed a mistake, he cannot be condemned forever. The biblical concept of eternal damnation goes ill with the reformatory trend in modern jurisprudence”.

Advocate S. Rajasekar appeared for the Petitioner, whereas Advocate S. Jeyasingh appeared for the Respondent.

The brief facts of the case were that the petitioner applied to the Regional Passport Officer, Trichy in the year 1994 and obtained a passport. He was working as Mason in Singapore and the passport was subsequently renewed. When the petitioner's passport expired in the year 2014, he once again applied for renewal through an agent. As the agent had given false particulars, the petitioner was asked to appear for enquiry before the police authority. Even though the petitioner surrendered his passport, his passport was impounded. Hence, the petitioner approached the High Court.

After considering the submission, the Bench observed that if false particulars and false documents are given, the Passport Authority has no option but to impound the passport.

“The petitioner has nowhere challenged the basic premises on which the impugned action is resting. Therefore, the question of granting declaration as sought for does not arise”, added the Bench.

While elaborating that the citizens take the services of middlemen and agents to transact with the authorities, the High Court found that the agent employed by the petitioner in the present case had indulged in fraud, and only to quicken the process of obtaining a passport, he has given false particulars which came to light during verification.

Cause Title: S. Chandran v. Regional Passport Officer

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Madras High CourtJustice GR Swaminathan

Pankaj Bajpai