Sankar v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sankar, M/A 33 years, ... Petitioner /versus/

1. The Regional Passport Officer, Regional Passport Office, Thiruchirapalli New Municipal Complex, Thillainagar 7th Cross, Thiruchirapalli - 620 018.

2. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 1st respondent to renew the petitioner passport bearing No.T1079560, by considering his application No.TR2076995178124, dated 04.10.2024, within the time limit. For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.P.K.Ganesh for R1 : Mr.Dr.C.E.Pratap, Government Advocate, (Crl.Side), for R2

O R D E R

The grievance of the petitioner is that the petitioner's application for renewal of passport is not being considered. Upon receipt of an adverse police report that the First Information report is pending in Crime No.383/2024 on the file of the second respondent, the passport is not being renewed.

2. By the judgment of this Court in Arumugam v. the Regional Passport Officer [W.A.(MD).No.301/2018] and also the directions issued by the Government of India in this regard, the mere pendency of the First Information Report cannot be considered as a pendency of a criminal within a meaning of the Passport Act and as such, the petitioner's application deserves to be considered.

3. In view thereof, this writ petition is allowed on the following terms. (i) The first respondent is directed to process the petitioner's application for renewal of passport, vide application No.TR2076995178124 and renew the passport, dehors the pendency of the aforesaid first information report. (ii) The above exercise shall be carried on within a period of 12 weeks

from date of receipt of web copy of this order without waiting for the certified copy of this order.

There shall be no order as to costs.

24.02.2025 : No.

bsm To,

1. The Regional Passport Officer, Regional Passport Office, Thiruchirapalli New Municipal Complex, Thillainagar 7th Cross, Thiruchirapalli - 620 018.

2. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

3. The Government Pleader, High Court, Madras.

D.BHARATHA CHAKRAVARTHY , J.

bsm 24.02.2025