Senthil Murugan v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY SENTHIL MURUGAN ... Petitioner Vs 1.

THE REGIONAL PASSPORT OFFICER, RAYALA TOWERS, MOUNT ROAD, CHENNAI - 600 002.

2.

THE CONSULATE GENERAL OF INDIA, AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O. BOX 737, DUBAI, UNITED ARAB EMIRATES.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the respondents to renewal the passport of the petitioner with 10 years validity in bearing passport No. X9279228 based on the E-mail representation dated 12.03.2025 to the first respondent.

For Petitioner : Mr.A.Nirmalkumar For R1 & R2 : Mr.K.Balaji Central Government Standing Counsel 1/4

ORDER

This writ petition is filed to direct the respondents to renew the passport of the petitioner for 10 years validity, bearing passport No. X9279228, based on the E-mail representation dated 12.03.2025 to the first respondent.

2. The petitioner is currently in Dubai and his passport is expiring on 23.05.2025. It is the contention of the petitioner that, due to the pendency of the criminal case arising out of the matrimonial proceedings, the renewal is not being granted.

3. The learned counsel appearing for the respondents would submit that the entire issue has to be processed by the embassy officials in Dubai, and therefore seeks time to get instructions in the matter.

4. Be that as it may, it is now held by this Court that the pendency of the Criminal case in C.C.No. 67 of 2018 on the file of the Judicial Magistrate, Virudhachalam, by itself will not be a bar to the issue of the passport. It is made clear by the judgment of the Hon'ble Division Bench in Regional Passport Officer v. Samsudeen Mohamed Salih (W.A.No. 902 of 2023). The 2/4

first respondent, through the concerned embassy official, shall process the application despite the pendency of the above criminal case and pass orders in accordance with the law, provided the petitioner is otherwise eligible. It is needless to mention that the next time the petitioner comes back to India and proposes to leave for Dubai again, he has to seek permission from the Criminal Court before leaving abroad.

5. In view thereof, this writ petition is disposed of. No costs. 08.04.2025 nsl To 1.

THE REGIONAL PASSPORT OFFICER, RAYALA TOWERS, MOUNT ROAD, CHENNAI - 600 002.

2.

THE CONSULATE GENERAL OF INDIA, AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O. BOX 737, DUBAI, UNITED ARAB EMIRATES.

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D.BHARATHA CHAKRAVARTHY, J.

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