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Madras High CourtWP/20725/2025disposed of

L.Jainulabudeen Sikkanthar v. The Regional Passport Officer

2025-06-12Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. L.Jainulabudeen Sikkanthar S/o Sikkanthar, No -16 Kitha Bath Khan Street, Ellis Road, Mount Road, Chennai 600 002 Petitioner(s) Vs

1. The Regional Passport Officer Regional Passport Office, Chennai Royala Towers No 2 And 3, IV Floor, Old No. 785, New No 158, Anna Salai, Chennai 600 002 2.The Deputy Director Directorate Of Revenue Intelligence, Chennai Zonal Unit, 27 G.N. Chetty Road, T. Nagar, Chennai 600 017 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1 st Respondent to issue passport to the

petitioner based on application dated 22.11.2024 pending in File No MA1077144880124, within a time frame and pass orders. For Petitioner(s):

Mr.C.Narendren For Respondent(s):

Mr.B.Ramprabu Additional Central Government Standing Counsel for R1

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to issue passport to the petitioner based on application submitted by the petitioner on 22.11.2024. 2.

Heard Mr.C.Narendran, learned counsel for the petitioner and Mr.B.Ram Prabu, learned Additional Central Government Standing Counsel for st respondent.

3.

The application submitted by the petitioner before the 1 st respondent seeking for issuance of passport was not acted upon since a case has been registered against the petitioner for alleged offence under Section 135 of the Customs Act. According to the petitioner, till date, the investigation has not been completed and continues to remain in the FIR stage and therefore, there is no justification on the part of the 1 st respondent to deny issuance of passport by acting upon the application submitted by the petitioner.

4.

In the considered view of this Court, the criminal case that was registered against the petitioner is yet to get the status of a "case pending" since no complaint has been filed and therefore, there can be no restriction for the 1 st respondent to deal with the application and to issue passport to the petitioner, if he has otherwise satisfied all the other requirements. 5.

In view of the above, there shall be a direction to the 1 st respondent to process the application submitted by the petitioner on 22.11.2024 and issue the passport if he has otherwise satisfied all the other requirements. This process shall be completed within a period for four weeks from the date of receipt of a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

12-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional Passport Officer Regional Passport Officer, Chennai Royala Towers, No 2 And 3 IV Floor, Old No. 785, New No 158, Anna Salai, Chennai 600 002 2.The Deputy Director Directorate Of Revneue Intelligence, Chennai Zonal Unit 27 G.N. Chetty Road, T. Nagar, Chennai 600 017

N.ANAND VENKATESH J.

rka 12-06-2025