Balasubramani v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY BALASUBRAMANI ... Petitioner Vs 1.

THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, CORPORATION COMMERCIAL COMPLEX, 1ST FLOOR, AVINASHI ROAD, ATT COLONY GOPALAPURAM, COIMBATORE - 641 018.

2.

THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMKKAL DISTRICT ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to issue passport to the petitioner based on the petitioner's Passport Application file No. CB3066144057924 dated 09.01.2024 within a stipulated time and in accordance with law.

For Petitioner : Mr.S.Sriram For R1 : Mr.A.Prakash Central Government Standing Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4

ORDER

The writ petition is filed for a mandamus directing the first respondent to issue passport to the petitioner based on his Passport Application file No. CB3066144057924, dated 09.01.2024.

2. When the matter came up for hearing, it is stated on behalf of the respondents that, upon receipt of an adverse report from the police, the passport has not been granted. A perusal of the same reveals that a First Information Report in Crime No. 311 of 2022 on the file of the second respondent police is pending against the petitioner.

3. It is now made clear by the Hon'ble Division Bench judgment of this Court in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018) and the rules framed by the Government of India that the mere pendency of the First Information Report cannot be considered as a criminal case pending for the purpose of the Passport Act.

4. Accordingly, this writ petition is disposed of on the following terms:- 2/4

(i) The first respondent is directed to consider the passport application of the petitioner in Application file No. CB3066144057924 dated 09.01.2024, process the same and issue the passport to the petitioner, if there is no other impediment.

(ii) The said exercise shall be completed within a period of eight weeks from the date of receipt/production of the website uploaded copy of the order without waiting for the certified copy of the order. (iii) No costs.

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THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, CORPORATION COMMERCIAL COMPLEX, 1ST FLOOR, AVINASHI ROAD, ATT COLONY GOPALAPURAM, COIMBATORE - 641 018.

2.

THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMKKAL DISTRICT D.BHARATHA CHAKRAVARTHY, J.

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