Madras High CourtWP/7920/2025disposed of

Manikandan Rathinam v. The Regional Passport Officer

2025-03-07Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Manikandan Rathinam .. Petitioner

Versus

1. The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation, Commercial Complex, OPP Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.

2. State by The Inspector of Police, C-1 Kattoor Police Station, Coimbatore.

Crime No.522 of 2022.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 1st respondent to renew the petitioner passport bearing No.H8251735 pursuant to the petitioner application pending in 1st respondent file number CB1075979479923, dated 17.11.2023 by considering the petitioner representation, dated 21.12.2023. 1/5

For Petitioner : Mr.M.Jaikumar For Respondents : M/s.R.Durgarani, for R1 : Dr.C.E.Pratap, Government Advocate (Crl. Side), for R2

ORDER

This Writ Petition is filed for a direction to the first respondent to renew the petitioner passport bearing No.H8251735 pursuant to the petitioner application pending before the first respondent in file No.CB1075979479923, dated 17.11.2023 by considering the petitioner's representation, dated 21.12.2023.

2. On a perusal of the communication that was issued to the petitioner, it can be seen that since the respondents have received an adverse Police report stating that there is a First Information Report that is pending against the petitioner in Crime No.522 of 2022 on the file of the second respondent Police, the petitioner's passport has not been renewed. 2/5

3. By the Division Bench judgment of this Court in Arumugam Vs. The Regional Passport Officer, Madurai in W.A.(MD).No.301 of 2018, dated 27.03.2018 and the Government of India guidelines issued in this regard, it is now made clear that pendency of the First Information Report cannot be termed as a Criminal Case for the purpose of renewal of the passport.

4. In view thereof, this Writ Petition is disposed of on the following terms:- (i) The first respondent shall consider the application of the petitioner in file No.CB1075979479923, dated 17.11.2023 and renew the passport bearing No.H8251735 dehors the pendency of the First Information Report and if there is no other impediment for renewal; (ii) The said exercise shall be carried on within a period of six weeks from the date of receipt/production of a web-copy of this order without 3/5

waiting for a certified copy of this order;

(iii) There shall be no order as to costs.

07.03.2025 : no grs To

1. The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation, Commercial Complex, OPP Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.

2. The Inspector of Police, C-1 Kattoor Police Station, Coimbatore.

D.BHARATHA CHAKRAVARTHY, J.

grs 4/5

07.03.2025 5/5