Sundaram Ramanathan v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY SUNDARAM RAMANATHAN ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COIMBATORE, FIRST FLOOR, CORPORATION COMMERCIAL COMPLEX , OPP. THANDUMARIAMMAN KOIL, AVINASHI ROAD, COIMBATORE, TAMIL NADU-641 018.
2.
THE INSPECTOR OF POLICE B5- VADAVALLI POLICE STATION, COIMBATORE.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 08.01.2025, delivered to the first respondent on 09.01.2025 and renew/reissue the petitioner's passport based on his application No.CB1076551679724 within a time frame stipulated by this Court.
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For Petitioner : Mr.K.R.Samratt For R1 : Mr.A.Prakash Additional Central Government Standing Counsel For R2 : Dr.C.E.Pratap Government Advocate
ORDER
The writ petition is filed to direct the first respondent to consider the petitioner's representation dated 08.01.2025 and renew/reissue the petitioner's passport based on his application No.CB1076551679724 within a time frame stipulated by this Court.
2. Upon hearing the learned counsel for both sides, it can be seen that the case in Crime No. 605 of 2021 is pending for alleged offences under Sections 294(b), 447, 506(ii) of I.P.C on the file of the second respondent police. In view of this, the petitioner's passport has not been renewed. The said question is no longer res integra. This Court, in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018) has already held that the mere pendency of the FIR does not mean that the criminal case is pending within the meaning of the Passport Act and therefore, the renewal/ re-issue of the 2/5
passport cannot be withheld for the said reason
3. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent shall further process the application No.CB1076551679724 and pass final orders in accordance with law within a period of four weeks from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order, dehors the said FIR that is pending against the petitioner (ii) No costs.
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To 1.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COIMBATORE, FIRST FLOOR, CORPORATION COMMERCIAL COMPLEX , OPP. THANDUMARIAMMAN KOIL, AVINASHI ROAD, COIMBATORE, TAMIL NADU-641 018.
2.
THE INSPECTOR OF POLICE B5- VADAVALLI POLICE STATION, COIMBATORE.
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D.BHARATHA CHAKRAVARTHY, J.
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