Madras High CourtWP/3461/2025allowed

Abdul Mubeen Noor Mohamed v. The Regional Passport Officer

2025-03-12Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Abdul Mubeen Noor Mohamed .. Petitioner

Versus

1. The Regional Passport Officer, Regional Passport Office, Tiruchirapalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018, Tamil Nadu, India.

2. The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus to direct the 1st respondent to re-issue passport to the petitioner and dispose the petitioner application, dated 22.10.2024 File No.TR1077050335924.

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For Petitioner : Mr.S.Abdul Khadhar For Respondents : Mr.T.L.Thirumalaisamy, Central Government Standing Counsel, for R1 : Dr.C.E.Prathap, Government Advocate (Crl. Side), for R2

ORDER

This Writ Petition is filed seeking for a direction to the first respondent to re-issue passport to the petitioner by disposing of the petitioner's application, dated 22.10.2024

2. The petitioner lost his passport and sought to re-issue the same. Upon receipt of the adverse report, the same is not granted and therefore, the petitioner is before this Court.

3. It is seen that a Criminal Case is pending against the petitioner in C.C.No.597 of 2024 before the learned Judicial Magistrate, Vedaranyam. 2/6

4. Already, this issue has been settled by the Division Bench of this Court in The Regional Passport Officer, Chennai Vs. Samsudeen Mohamed Salih and Anr. in W.A.No.902 of 2023, dated 02.06.2023, in and by which, it held that pending of a Criminal Case need not be a bar for reissue or issue of passport, but, however, the concerned petitioner will take the permission of the Court before proceeding abroad.

5. In view thereof, this Writ Petition is allowed on the following terms:- (i) The first respondent shall consider the application of the petitioner, dated 22.10.2024 in File No.TR1077050335924 dehors the pendency of the said Criminal Case and re-issue the passport if there is no other impediment; (ii) The petitioner shall file an application before the learned Judicial Magistrate, Vedaranyam in C.C.No.597 of 2024 and only after getting permission, the petitioner can travel abroad; (iii) There shall be no order as to costs.

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12.03.2025 : no grs To

1. The Regional Passport Officer, Regional Passport Office, Tiruchirapalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018, Tamil Nadu, India.

2. The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

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D.BHARATHA CHAKRAVARTHY, J.

grs 12.03.2025 5/6

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