IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.08.2009 CORAM THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA W.P.No.15575 of 2009 R.Dhandapani .. Petitioner -Vs- 1. Regional Passport Officer Regional Passport Office II Floor, Shastri Bhavan 26, Haddows Road Chennai 600 006 2. Post Master Speed Post Business Office Greames Road PO Building Chennai 600 006 3. The Manager Speed Post Business Office Greames Road PO Building Chennai 600 006 4. Chief Post Master General Anna Road Chennai 600 002 .. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st respondent to issue the passport bearing No.S36833 of the petitioner immediately for his higher studies which was dispatched on 25.02.2009. For Petitioner :: Mrs.S.Suganthi For Respondents :: Mrs.M.Christella for R1 Mr.D.Sreenivasan SCGSC for R2 to R4 ORDER This writ petition has been preferred by the petitioner for a direction on the first respondent to issue the passport bearing No.S36833 in favour of the petitioner immediately for his higher studies. 2. On instructions, the learned counsel appearing on behalf of the first respondent submits that the passport has been forwarded https://hcservices.ecourts.gov.in/hcservices/ but, in transit, it has been lost. She submits that in view of the Circular No.VI/401/57/93 dated 11th January, 1995 issued by the Director (PV), Ministry of External Affairs, (CPV Division), the post office, which confirms that the passport is lost or untraceable, should issue a certificate to that effect to the petitioner. Thereafter, the petitioner should file an FIR with such certificate. 3. The learned counsel appearing on behalf of the Chief Post Master General, Chennai submits that without the reference given by the Ministry of External Affairs, the post office cannot trace the whereabouts of the passport nor can certify that it is lost or untraceable. 4. Heard the learned counsel for the parties and perused the records. 5. The Circular referred to by the learned counsel for the first respondent reads as follows:- "Some of PIA's have brought to our notice the non-delivery of passports to the applicants which are generally lost in the transit at the Post Offices. The Ministry has looked into the matter and the following course of action is suggested: (i) When it transpires, in response to enquiries from the applicant or otherwise, that a passport sent by the P.O., has not reached the applicant, the PO shall take up the matter with the Post Office with the request that the complaint regarding non-delivery be investigated. (ii) If, following investigation, the Post Office confirms that the passport is lost or untraceable, the Post Office should be requested to issue a certificate to that effect. (iii) The applicant should file an FIR with the police with that certificate. (iv) The applicant should be advised to apply afresh with the FIR/copy of certificate from the Post Office for issue of a duplicate passport. We should not charge any fee from the applicant for this application as the passport has been certified lost in transit and, thus, is no fault of the applicant. (v) The Passport Officer should revoke applicant's passport lost in transit and issue a lookout circular before issue of new passport. (vi) If there is any proof of urgency, SVP may be issued in line with standing instructions of the Ministry's Circular No.VI/401/34/92 dated 31st March, 1993." 6. In the present case, no affidavit has been filed by the respondents that the passport of the petitioner was issued and it was lost in transit. No detailed reference of the postal https://hcservices.ecourts.gov.in/hcservices/ certificate or the note under which it has been forwarded to the petitioner has been shown to the Court. In the absence of any details, it cannot be presumed that the passport was forwarded and on transit, it was lost or untraceable. So far as the lodging of FIR is concerned, this Court is of the view that the petitioner is not supposed to lodge any FIR with the police. The passport has been forwarded by the Regional Passport Officer and not received by the applicant. In that case, on receipt of application from such applicant, the Regional Passport Officer should at first find out whether the passport was forwarded through post office and verify from the concerned post office whether the passport has been handed over to the applicant or not. It is a matter between the Regional Passport Officer and the post office, in which the applicant should not be dragged. The postal authority being satisfied that such passport was handed over to the postal authority and was lost or untraceable during transit, in that case, the concerned post office should lodge an FIR and communicate it to the applicant. The individual applicant, if so chooses, may also report the matter to the police on receipt of such information. Only thereafter, the Regional Passport Officer should revoke the applicant's passport lost in transit and issue a new passport in accordance with the circular. 7. This Court, accordingly, directs the Regional Passport Officer, Chennai to take up the matter within a week with the concerned Post Master of the post office from which the passport was forwarded to the petitioner. The concerned Post Master and other officers of the postal department in their turn will enquire and intimate the matter to the Regional Passport Officer within one week thereafter. If it is lost from the postal department, then the postal department will also lodge an FIR and also inform the matter to the petitioner within one week. On receipt of such intimation that the passport has been lost in transit or is untraceable, the Regional Passport Officer, Chennai will revoke the petitioner's passport lost in transit and issue a new passport in accordance with the circular within fifteen days thereafter. Totally one month time is allowed to the respondents for taking steps as referred to above. 8. As this Court has observed that the petitioner, who has not received the passport, is not supposed to lodge FIR, the Regional Passport Officer, Chennai will forward a copy of this order to the Director (PV), Ministry of External Affairs, New Delhi for issuance of appropriate circular in terms with the decision of this Court. The writ petition stands disposed of with the aforesaid observations and directions. There shall be no order as to costs. Ss Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Regional Passport Officer Regional Passport Office II Floor, Shastri Bhavan 26, Haddows Road Chennai 600 006 2. The Post Master Speed Post Business Office Greames Road PO Building Chennai 600 006 3. The Manager Speed Post Business Office Greames Road PO Building Chennai 600 006 4. The Chief Post Master General Anna Road Chennai 600 002 + 1 cc to Mrs. S. Suganthi, Advocate SR No.39721 + 1 cc to M/s. M. Christella, Advocate SR No.39750 + 1 cc to Mr. D. Srineevasan, Advocate SR No.39825 W.P.No.15575 of 2009 MBS(CO) SR/24.8.2009 https://hcservices.ecourts.gov.in/hcservices/