Santhoshkumar Saravanavel v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.14833 of 2025 SANTHOSHKUMAR SARAVANAVEL ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, CHENNAI REGIONAL PASSPORT OFFICE, NO.2 AND 3, 4TH FLOOR, OLD NO.785, NEW NO. 158, ROYALA TOWERS, ANNA SALAI, CHENNAI - 600 002.
2.
THE INSPECTOR OF POLICE, CUDDALORE O.T POLICE STATION, CUDDALORE DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned Letter Ref.No.320809013/25 dated 24.02.2025 and quash the same, consequently direct the first respondent to re-issue the passport by processing the petitioner's Application in File No. MA6076668487924 dated 20.06.2024.
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For Petitioner : Mr.G.Balamanikandan For R1 : Mr.R.Veludoss, Senior Panel Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This writ petition is filed with a prayer to call for the entire records relating to the impugned Letter Ref. No. 320809013/25 dated 24.02.2025 and to quash the same and consequently, direct the first respondent to re-issue the passport by processing the petitioner's application in File No. MA6076668487924 dated 20.06.2024.
2. Upon hearing the learned counsel appearing on either side and perusing the affidavit and other material records of the case, it can be seen that the petitioner had applied for the reissue of the passport vide File No. MA6076668487924 dated 20.06.2024.
3. Upon receipt of the adverse police report, the same was not considered. Earlier, the petitioner approached this Court by way of W.P. No. 21710 of 2024 and by order dated 06.08.2024, the respondents were directed to pass orders, upon which the impugned order was issued. It can be seen that 2/5
a criminal case is pending against the petitioner in C.C. No. 892 of 2023, on the file of the Judicial Magistrate - I, Alandur. Therefore, the impugned order calls for the petitioner to submit his explanation regarding the same. Now, the matter has been settled by the Honourable Division Bench of this Court in Regional Passport Officer vs. Samsudeen Mohamed Salih and others (W.A.No.902 of 2023), wherein it has been held that the pendency of the criminal case would only be a bar for the person to go abroad without permission, and the reissue of the passport itself need not be withheld for the same.
4. In view thereof, this writ petition is disposed of on the following terms:- (i) Dehors the said notice dated 24.02.2025, the petitioner's application for a passport in MA6076668487924 dated 20.06.2024 shall be considered by the first respondent.
(ii) The passport shall be reissued notwithstanding the pendency of the above criminal case, if the petitioner is eligible otherwise. 3/5
(iii) The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.
(iv) The petitioner shall take permission from the Judicial Magistrate -I, Alandur in C.C. No. 892 of 2023 before leaving for abroad. (v) Consequently, connected miscellaneous petition is also closed. No costs.
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THE REGIONAL PASSPORT OFFICER, CHENNAI REGIONAL PASSPORT OFFICE, NO.2 AND 3, 4TH FLOOR, OLD NO.785, NEW NO. 158, ROYALA TOWERS, ANNA SALAI, CHENNAI - 600 002.
2.
THE INSPECTOR OF POLICE, CUDDALORE O.T POLICE STATION, CUDDALORE DISTRICT.
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D.BHARATHA CHAKRAVARTHY, J.
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