Sakthi Kandasamy v. The Regional Passport Officer

In the High Court of Judicature at Madras Dated : 02.6.2025 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.17122 of 2025 Sakthi Kandasamy

...Petitioner

Vs The Regional Passport Officer, Chennai Regional Passport Office, Nos.2 & 3, IV Floor, Old No.785, New No.158, Rayala Towers, Anna Salai, Chennai.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to renew the petitioner's passport bearing No.G6879459 for a normal period of ten years from 03.4.2025 as per Rue 12(1) of the Passport Rules, 1980 within a time frame to be fixed by this Court based on representations dated 23.7.2024 and 18.1.2025. For Petitioner :

Mr.R.Selvakumar For Respondent :

Mr.R.Subramanian, ACGSC 1/4

ORDER

The writ petition has been filed seeking for the issuance of a Writ of Mandamus to direct the respondent to renew the passport of the petitioner for a further period of 10 years from 03.4.2025.

2. Mr.R.Subramanian, learned Additional Central Government Standing Counsel accepts notice for the respondent. Heard both.

3. When the matter is taken up for admission today, it is brought to the notice of this Court that the petitioner was convicted under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 in C.C.No.4 of 2015 on the file of the Principal Special Court for CBI Cases, VIII Additional City Civil Court, Chennai vide judgment dated 30.10.2018. As against the same, the petitioner filed Criminal Appeal No.707 of 2018 before this Court and it is still pending. In the meantime, the passport that was issued to the petitioner was about to expire. Hence, the petitioner made two representations dated 23.7.2024 and 14.1.2025 to the respondent to renew the passport. Since the said representations were not considered, the above writ petition has been filed before this Court. 2/4

4. In the considered view of this Court, when Criminal Appeal No.707 of 2018 is pending before this Court, the petitioner must file a petition in the pending criminal appeal before the concerned Bench and seek for a direction for renewal of the passport. Only based on the suitable orders that would be passed by the concerned Bench in the pending criminal appeal, the respondent can act upon the request of the petitioner. The petitioner cannot parallelly file a writ petition and seek for such a direction.

5. With the above observations, the writ petition is disposed of granting liberty to the petitioner to file an appropriate petition in the pending criminal appeal before the concerned Bench and seek for the remedy. No costs.

02.6.2025 To The Regional Passport Officer, Chennai Regional Passport Office, Nos.2 & 3, IV Floor, Old No.785, New No.158, Rayala Towers, Anna Salai, Chennai.

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N.ANAND VENKATESH,J RS W.P.No.17122 of 2025 02.6.2025 4/4