Dhanasekaran v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.23834 of 2025 Dhanasekaran S/o.Renganathan Petitioner Vs

1. Union of India Rep By The Commissioner of Immigration Bureau Of Immigration, Haddows Road, Thousand Light West, Thousand Light, Chennai-600 008.

2.Regional Passport Officer, Tiruchirappalli, New Municipal Complex, Thillainagar, 7th Cross, Tiruchirappalli-620 018.

3.State represented by Inspector of Police, Kairlabath Police Station, Ariyalur District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to File No.TR1076474149924; quash the Letter Reference No.FCL/320157651/2024 issued dated 03.12.2024 by the 1/4

second respondent, being illegal and violative of Article 21 of the constitution of India and direct the respondents 1 and 2 to reissue /renew the passport in favour of the petitioner.

For Petitioner : Mr.P.Mohan Lal For Respondents : Mr.S.Dilliraj Central Government Standing Counsel [R1 & R2] Mr.Leonard Arul Joseph Selvam Government Advocate [Crl.side] [R3] *****

O R D E R

This writ petition has been filed challenging the impugned letter dated 03.12.2024 issued by the second respondent and for a direction to the respondents 2 and 3 to re-issue/renew the passport of the petitioner.

2. Heard Mr.P.Mohan Lal, learned counsel for petitioner, Mr.S.Dilliraj, learned Central Government Standing Counsel for respondents 1 and 2 and Mr.Leonard Arul Joseph Selvam, learned Government Advocate [Crl.side] for third respondent. 2/4

3. The application submitted by the petitioner seeking for renewal of passport was not entertained on the ground that there is a pending criminal case against the petitioner in Crime No.349 of 2024 on the file of third respondent.

4. Learned Government Advocate [Crl.side] appearing on behalf of the third respondent submitted that the First Information Report was registered for offence under the Mines and Minerals Act. That apart, investigation has been completed and the police report has been filed before the Judicial Magistrate I, Ariyalur and the same is yet to be taken on file.

5. It is now too well settled that the case remaining at the stage of First Information Report cannot be considered as a "Case Pending". As on today, the case is at the stage of First Information Report and therefore, there can be no objection for the second respondent to deal with the application submitted by the petitioner seeking for reissue/renewal of passport. The same shall be done within a period of four

(4) weeks from the date of receipt of a copy of this order, if the petitioner satisfies all the other requirements.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 13.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. Union of India The Commissioner of Immigration Bureau of Immigration, Haddows Road, Thousand Light West, Thousand Light, Chennai-600 008.

2.Regional Passport Officer, Tiruchirappalli, New Municipal Complex, Thillainagar, 7th Cross, Tiruchirappalli-620 018.

3.The Inspector of Police, Kairlabath Police Station, Ariyalur District.

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