← Library
Madras High CourtWP/6340/2025disposed of

K.Elayaraja v. The Regional Passport Officer

2025-02-24Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Elayaraja.

... Petitioner /versus/

1. The Regional Passport Officer, Regional Passport Office, Plot NO.A5, Salai Road, Shastri Road Junction, Thillai Nagar, Thiruchirappalli - 620 017.

2. The Inspector of Police, Valangaiman Police Station, Thiruvarur.

... 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 petitioner's passport bearing No.L6779865 by processing the online renewal passport application dated 25.01.2025 in file No.TR2077348844125. For Petitioner : Mr.C.Harish For Respondents : Ms.R.Durgarani, CGSC 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.1780/2020 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.TR2077348844125 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, Plot No.A5, Salai Road, Shastri Road Junction, Thillai Nagar, Thiruchirappalli - 620 017.

2. The Inspector of Police, Valangaiman Police Station, Thiruvarur.

3. The Government Pleader, High Court, Madras.

D.BHARATHA CHAKRAVARTHY , J.

bsm 24.02.2025