T.S.Mani v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.S.Mani .. Petitioner
Versus
1. The Regional Passport Officer, Regional Passport Office, Corporation Commercial Complex, First Floor, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.
2. The Deputy Superintendent of Police, Q-Branch, Tiruchirapalli.
3. The Inspector of Police, Hashthampatti Police Station, Salem.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, 1/8
pleased to issue a Writ of Mandamus, directing the 1st respondent to process the application of the petitioner and to reissue the passport under File No.CB1077231917124, dated 20.12.2024 (Letter Ref No:SCN/320382277/24) to the petitioner at an earliest. For Petitioner : Mr.S.Doraiswamy For Respondents : Mrs.R.Durgarani, Central Government Standing Counsel, for R1 : Dr.C.E.Pratap, Government Advocate (Crl. Side), for RR-2 and 3
ORDER
This Writ Petition is filed for a direction to the first respondent to process the application of the petitioner and to reissue the passport under File No.CB1077231917124, dated 20.12.2024.
2. When the matter is taken up for hearing, the learned Counsel for the first respondent would submit that when an adverse Police report was 2/8
received, in which, the Criminal Cases are pending against the petitioner, the same was not considered.
3. From the counter-affidavit filed on behalf of the respondent Nos.2 and 3 Police, it can be seen that there are four cases that are pending against the petitioner. All the four cases are pending trial. The following are the four cases against the petitioner:- S.No. Police Station, Crime Number, Offences under Section Stage of the case Thanjavur P.S., Cr.No.429 of 1994, u/s.25 (1) of Arms Act, Sec 4 of TNPPDL Act, Sec 3 & 4 of Explosive Substances Act, Secs 3, 4, 5 & 6 of TADA, Secs 120(B), 307, 333, 326 & 324 IPC Pending Trial Principal District & Sessions Judge, Tiruchirappalli.
CC No.43/1995, Next Hearing 07.03.2025 for Arguments.
Salem City Town P.S., Cr.No.279 of 2021, u/s.143, 269 IPC Pending Trial JM I Court Salem, STC No.2958/2023 Next Hearing 22.04.25 for Service Pending Summon.
Salem City Town P.S., Cr.No.155 of Pending Trial 3/8
2021, u/s.143, 269, 341 IPC JM I Court Salem, CC No.321/2024 Next Hearing 28.05.25 for Issue of Service.
Salem City Town P.S., Cr.No.925 of 2020, u/s.143, 269 IPC Pending Trial JM I Court Salem, STC No.2948/2023 Next Hearing 23.04.25 for Service Pending Summon.
The matter is no longer res integra.
4. A Division Bench of this Court in The Regional Passport Officer Vs. Samsudeen Mohamed Salih and Anr. in W.A.No.902 of 2023, dated 02.06.2023, already considered the issue and it has to be held that the reissue of the passport itself need not be withheld for pendency of the Criminal Cases as the individual has to seek permission of the Court concerned in before leaving for abroad.
5. In view thereof, this Writ Petition is disposed of on the following 4/8
terms:- (i) The first respondent shall consider the application of the petitioner dehors the pendency of the Criminal Cases and if the petitioner is otherwise eligible, reissue the passport;
(ii) The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a web-copy of this order without waiting for a certified copy of this order;
(iii) The petitioner shall take permission in all the aforementioned four cases before the concerned Court before leaving abroad; (iv) There shall be no order as to costs.
22.04.2025 : no grs To
1. The Regional Passport Officer, Regional Passport Office, Corporation Commercial Complex, First Floor, 5/8
Opp. Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.
2. The Deputy Superintendent of Police, Q-Branch, Tiruchirapalli.
3. The Inspector of Police, Hashthampatti Police Station, Salem.
6/8
D.BHARATHA CHAKRAVARTHY, J.
grs 7/8
22.04.2025 8/8