← Library
Madras High CourtWP/20914/2025disposed of

Loganandane Ayappane v. The Regional Passport Officer

2025-06-20Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Loganandane Ayappane S/o.Loganathan 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 Station House Officer Odiansalai Police Station, 3.The Station House Officer Mudaliarpet Police Station, 4.The Station House Officer Ariyankuppam Police Station,

5.The Station House Officer Orleanpet Police Station, Puducherry 6.The Station House Officer Grand Bazaar Police Station, Respondent(s) PRAYER Directing the 1 st respondent to process the application of the petitioner and to reissue the passport to the petitioner at an earliest based on the petitioner reply dated 10.12.2024.

For Petitioner(s):

Mr.V.Elangovan For Respondent(s):

Mr.K.K.Muralidharan Central Government Standing Counsel for R1 Mr.R.Sreedhar Additional Government Pleader, Puducherry for R2-6

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the 1 st respondent to process the application submitted by the petitioner for reissuing/renewing the passport of the petitioner.

2. The learned Central Government Panel Counsel appearing on behalf of the 1st respondent filed a counter affidavit. In the said counter affidavit, it is stated that the 1 st respondent received an adverse police verification report based on the investigation conducted by them and that they had mentioned that there

were several cases pending against the petitioner before the Chief Judicial Magistrate, Puducherry. That apart, a total of twelve cases are pending in various police stations in Puducherry. In view of the adverse report received from the police authorities, a show cause notice was issued to the petitioner, and the petitioner also responded to the said show cause notice through a letter dated 10.12.2024. Since the petitioner is facing criminal cases, the 1 st respondent did not process the application submitted by the petitioner seeking renewal of the passport.

3. The learned Additional Government Pleader appearing on behalf of respondents 2 to 6 produced the instructions received from the various police stations. The learned Additional Government Pleader submitted that as of today, there are seven cases pending against the petitioner. The particulars were also placed before this Court.

4. Heard Mr.V.Elangovan, learned counsel for the petitioner and Mr.K.K.Muralidharan, learned Central Government Standing Counsel for the 1 st respondent and Mr.R.Sreedhar, learned Additional Government Pleader, Puducherry for respondents 2 to 6.

5. In the instant case, the petitioner is seeking for reissue/renewal of the passport. The only question is whether the pendency of the criminal case is a bar to renew the passport of the petitioner without the permission of the Court.

This issue is no longer res integra and it was dealt by the Division Bench in WA.No.902 of 2023 dated 20.06.2023. The Division Bench held that such permission should be sought for only if the accused person, who is facing criminal cases wants to go abroad. That apart, such permission will not be required for the purpose of renewal of the passport. This order of the Division Bench was followed by me in W.P.No.21232 of 2025 by order dated 16.06.2025.

6. In view of the above, even though the particulars of the criminal cases pending against the petitioner have been placed before this Court, that by itself is not a ground for the respondent not to renew the passport. Hence, the application shall be acted upon, and the passport shall be renewed, if it is otherwise in order. The question of getting permission before the Courts will arise only if the petitioner wants to go abroad. The 1 st respondent shall complete the process within a period of four weeks from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 20-06-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 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 Station House Officer Odiansalai Police Station, Puducherry 3.The Station House Officer Mudaliarpet Police Station, Puducherry 4.The Station House Officer Ariyankuppam Police Station, 5.The Station House Officer Orleanpet Police Station, Puducherry 6.The Station House Officer Grand Bazaar Police Station,

N.ANAND VENKATESH J.

gd 20-06-2025