Anbarasu v. The Regional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM:

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

THE REGIONAL OFFICER, COIMBATORE REGIONAL PASSPORT OFFICE, 1ST FLOOR, CORPORATION COMMERCIAL COMPLEX, OPP. THANDUMARIAMMAN KOIL, AVINASHI ROAD, COIMBATORE - 641 018.

2.

THE INSPECTOR OF POLICE, UDUMALPET POLICE STATION, TIRUPPUR DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the first respondent to renew the petitioner's passport in File No.CB1076543955724 in respect of Passport No.M3889623, based on the application of 13.05.2024 within a stipulated time.

For Petitioner : Mr.C.Prabakaran For R1 : Mr.Srivatsan Sridhar (CGSC) 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 No. M3889623 pursuant to the application vide file No. CB1076543955724.

2. Upon hearing Mr.C.Prabakaran, the learned counsel appearing for the petitioner and Mr.Srivatsan Sridhar, learned Central Government Counsel appearing for the first respondent and Dr.C.E.Pratap, the learned Government Advocate (Crl.Side) appearing for the second respondent and perusing the material records of the case, it can be seen that upon receipt of an adverse police report, the petitioner's request to renew the passport was not acceded to. It can be seen that a case was registered against the petitioner in Crime No. 481 of 2015, which is now pending as S.C.No.85 of 2019 on the file of the learned District and Sessions Judge, Tiruppur. It is now clear by virtue of the Hon'ble Division Bench judgment of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih (W.A.No. 902 of 2023) that the pendency of the criminal case is not a bar for renewing or issuing the passport itself. However, the concerned individual has to take permission from the Court before leaving abroad.

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3. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner's passport No. M3889623 made in application file No. CB1076543955724 shall be considered dehors the pendency of the criminal case and if the petitioner is eligible, the passport shall be issued. (ii) The above exercise shall be carried out within a period of two weeks from the date of receipt of the web copy of the order. (iii) The petitioner shall take the permission of the learned District and Sessions Judge, Tiruppur, in S.C. No.85 of 2019 before leaving abroad. No costs.

21.04.2025 nsl To 1.

THE REGIONAL OFFICER, COIMBATORE REGIONAL PASSPORT OFFICE, 1ST FLOOR, CORPORATION COMMERCIAL COMPLEX, OPP. THANDUMARIAMMAN KOIL, AVINASHI ROAD, COIMBATORE - 641 018.

2.

THE INSPECTOR OF POLICE, UDUMALPET POLICE STATION, TIRUPPUR DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 21.04.2025 4/4