Kanmaniraja v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY KANMANIRAJA ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, OFFICE OF THE REGIONAL PASSPORT OFFICE, FIRST FLOOR, CORPORAITON COMMERCIAL COMPLEX, OPP THANDUMARIAMMAN KOVIL, AVINASHI ROAD, COIMBATORE - 641 018.
2.
THE INSPECTOR OF POLICE, YERCAUD POLICE STATION, SALEM DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent herein to renew the petitioner's Passport bearing No. K0407040 based on his application dated 02.01.2025 in file No. CB1061751374713 for renewal within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.A.M.Esakkiappan For R1 : Mr.P.H.Vinoth Pandian Central Government Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4
ORDER
The prayer in the writ petition is to renew the petitioner's passport bearing No. CB1061751374713 dated 02.01.2025.
2. Upon hearing the learned counsel appearing for the petitioner, Mr.P.H.Vinoth Pandian, the learned Central Government Counsel appearing for the first respondent and Dr.C.E.Pratap, the learned Government Advocate appearing for the second respondent, it can be seen that a case in Crime No.351 of 2021 was registered against the petitioner and the same is now pending in C.C. No. 8 of 2025 on the file of the District Munsif-cum-Judicial Magistrate, Yercaud. On account thereof, the petitioner's application has not been considered.
3. In view of the Hon'ble Division Bench of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih (W.A.No. 902 of 2023), the pendency of the criminal case need not be considered as a bar to renewing the passport. However, the person has to take permission from the concerned Court before leaving abroad.
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4. In view thereof, this writ petition is ordered on the following terms:- (i) The first respondent shall consider the application of the petitioner bearing File No. CB1061751374713 dated 02.01.2025 and renew the passport dehors the pendency of the said criminal case, if the petitioner is otherwise eligible.
(ii) The said exercise shall be completed within a period of four weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.
(iii) The petitioner shall take permission from the learned District Munsif-cum-Judicial Magistrate, Yercaud, in C.C. No.8 of 2025 before leaving abroad. No costs.
02.04.2025 nsl To 1.
THE REGIONAL PASSPORT OFFICER, OFFICE OF THE REGIONAL PASSPORT OFFICE, FIRST FLOOR, CORPORAITON COMMERCIAL COMPLEX, OPP THANDUMARIAMMAN KOVIL, AVINASHI ROAD, COIMBATORE - 641 018.
2.
THE INSPECTOR OF POLICE, YERCAUD POLICE STATION, SALEM DISTRICT.
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D.BHARATHA CHAKRAVARTHY, J.
nsl 02.04.2025 4/4