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Madras High CourtWP/18182/2025disposed of

Sheik Mohamed v. The Regional Passport Officer

2025-05-15Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN, J., Sheik Mohamed S/o.Haja Mohideen Petitioner Vs

1. The Regional Passport Officer Regional Passport Office Chennai Royala Towers Nos.2 and 3, IV Floor Old No.785, New No.158 Anna Salai, Chennai-600 002.

2. The Commissioner of Police Office of the Commissioner of Police No.132, EVK Sampath Salai Vepery, Chennai-7.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, to direct the 1st respondent to renew the petitioner's passport after considering his online application vide File No.MA1076650363524 dated 12.06.2024 in accordance with the Passport Rules, 1980 (as amended) within a stipulated time fixed by this Hon'ble Court.

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For Petitioner :

Mr.S.Abdul Mussawwir Khan For Respondents :

Mr.M.Sathyan Central Government Standing Counsel for R1 Mr.R.Vinoth Raja Government Advocate, for R2 *****

O R D E R

The petitioner seeks for renewal of his passport as per application No.MA1076650363524.

2. The petitioner is an accused in Crime Nos.1252 of 2017, 18 of 2020, 147 of 2020 and 1647 of 2020 on the file of the police. He filed an application for renewal of his passport and the same has been kept pending. Hence, the present writ petition.

3. When the matter came up for hearing, I heard Mr.S.Abdul Mussawwir Khan, for petitioner, Mr.M.Sathyan, Central Government Standing Counsel for R1 and Mr.R.Vinoth Raja, Government Advocate for R2.

4. Mr.Sathyan, states that permission has to be obtained from the trial Court for the purpose of renewal of passport. He relies upon GSR 570F issued by the Ministry of External Affairs dated 25.08.1993. He also points out that this Court has passed an order dated 25.05.2024 in W.P.No.14199 of 2024 [S.Mohankumar Sheshmall Vs. The Regional 2/4

Passport Office and another]. For the sake of reference, the operative portion of the aforesaid order is extracted below: '3. The petitioner is permitted to move the trial Court for the relief now sought. As and when such petition is filed, it shall be allowed. However, the validity period shall be restricted to three years. It is also open to the learned trial Judge to stipulate appropriate conditions. Based on the order to be passed by the learned trial Judge, the first respondent will reissue the passport to the petitioner'.

5. Following the aforesaid order, the present writ petition is disposed of with a direction to the petitioner to move the trial Court for the relief now sought. As and when such petition is filed, it shall be allowed. However, the validity period shall be restricted to three years. It is also open to the learned trial Judge to stipulate appropriate conditions. Based on the order to be passed by the learned trial Judge, the first respondent will re-issue the passport to the petitioner. There shall be no order as to costs.

15.05.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk 3/4

V.LAKSHMINARAYANAN, J., mk To

1. The Regional Passport Officer Regional Passport Office Chennai Royala Towers Nos.2 and 3, IV Floor Old No.785, New No.158 Anna Salai, Chennai-600 002.

2. The Commissioner of Police Office of the Commissioner of Police No.132, EVK Sampath Salai Vepery, Chennai-7.

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