R.Ulagavoozhian v. Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R. ULAGAVOOZHIAN ... Petitioner Vs REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, CHENNAI ROYALA TOWERS, NO. 2 AND 3, IV FLOOR, OLD NO. 785, NEW NO. 158, ANNA SALAI, CHENNAI - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the respondent herein to consider the petitioner's application in File No. MA1076930357124 dated 06.09.2024 to renew his passport bearing No. B3005834.

For Petitioner : Ms.S.Annakkodi For Respondent : Ms.N.K.Nithilavani Central Government Counsel 1/4

ORDER

The petitioner has made an application to renew his passport bearing No.MA1076930357124 dated 06.09.2024.

2.

Upon hearing the learned Counsel for the parties and perusing the affidavit filed in support of the writ petiton and the other connected records, it can be seen that upon receipt of an adverse police report, the petitioner's passport is not renewed. It is seen that a criminal case against the petitioner is is pending in CC No. 4196 of 2015 on the file of the learned 23rd Metropolitan Magistrate, Chennai.

3.

It is now well settled by the Division Bench of this Court1 that the pendency of the criminal case need not be taken into account for the purpose of renewing the passport. However, the concerned person will take the permission of the concerned court, if he wants to go abroad. The Regional Passport Officer Vs. Samsudeen Mohamed Salih in W.A.No.902 of 2023 dated 02.06.2023.

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4.

In view thereof, the Writ Petition stands disposed of on following terms:

(i) The respondent shall consider the application in File No. MA1076930357124 dated 06.09.2024 and renew the passport of the petitioner dehors the pendency of the criminal case, if there is no other impediment. (ii) The said exercise shall be completed within a period of eight weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

(iii) The petitioner shall take permission of the learned 23rd Metropolitan Magistrate, Chennai in CC No. 4196 of 2015, if he has to leave abroad. No costs.

19.03.2025 veda To REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, CHENNAI ROYALA TOWERS, NO. 2 AND 3, IV FLOOR, OLD NO. 785, NEW NO. 158, ANNA SALAI, CHENNAI - 600 002.

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D.BHARATHA CHAKRAVARTHY, J.

veda 19.03.2025 4/4