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Madras High CourtWP/4898/2025disposed of

Arun Amirthalingam v. The Regional Passport Officer

2025-02-13Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Arun Amirthalingam .. Petitioner

Versus

1. The Regional Passport Officer, Passport Seva Kendra, First Floor, Corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore, Tamil Nadu - 641 018.

2. The State Rep by, Inspector of Police, All Women's Police Station, Namakkal.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to re-issue passport with a validity of 10 years by considering his application No.CB1077344245125, dated 27.01.2025.

For Petitioner : Mr.M.Mohamed Afridi 1/5

For Respondents : Mr.A.Anuratha, Central Government Standing Counsel, for R1 : Dr.C.E.Pratap, Government Advocate (Crl. Side), for R2

ORDER

This Writ Petition is filed for a direction to re-issue the passport of the petitioner with a validity of 10 years by considering his representation, dated 27.01.2025.

2. The grievance of the petitioner is that when he submitted an application for renewal of passport, the same is not being considered. Even in the application, the petitioner mentioned that C.C.No.347 of 2021 is pending against him before the Additional Mahila Court, Namakkal. Since the same is also received as an adverse Police Report, the respondents are not renewing the passport. It is now clear that by virtue of the rules framed by the Government of India in this regard, it is incumbent for the petitioner 2/5

to take a formal application before the concerned Court, before which, the Criminal Case is pending. This is a case which relates to family discord. When the husband or wife are residing in abroad for their avocation, normally, such permissions are also granted by the appropriate Court. It is only the petitioner who has to comply with the said procedure.

3. In view thereof, this Writ Petition is disposed of on the following terms:- (i) By producing a copy of this order, the petitioner shall make an appropriate application before the Additional Mahila Court, Namakkal to grant permission for renewing of the passport and for him to leave abroad for his work;

(ii) The said Court shall consider the same and pass orders thereon, in any event, within a period of three weeks from the date of filing of the said application;

(iii) Along with the permission or order that is granted by the Court, if 3/5

the petitioner applies, the respondent authority shall consider and renew the passport of the petitioner;

(iv) There shall be no order as to costs.

13.02.2025 : no grs To

1. The Additional Mahila Court, Namakkal.

2. The Regional Passport Officer, Passport Seva Kendra, First Floor, Corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore, Tamil Nadu - 641 018.

3. The Inspector of Police, All Women's Police Station, Namakkal.

D.BHARATHA CHAKRAVARTHY, J.

grs 4/5

13.02.2025 5/5