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Madras High CourtWP/23376/2025disposed of

Neon Hari Krishnan v. The Regional Passport Officer

2025-06-30Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Neon Hari Krishnan S/o.Hari Krishnan Arjunan, No.69, Perambur Baracks Road, Purusaiwakkam, Chennai-07.

Petitioner(s) Vs

1. The Regional Passport Officer Regional Passport Office, Rayala Towers 2 And 3, IV Floor New No. 158, Anna Salai, Chennai-2 2.The Greater Chennai Commisisoner Of Police O/o.Commissioner Of Police, Vepery, Chennai.

3.The Inspector Of Police G-3, Vepery Police Station, Chennai.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records of the 1st respondent herein in pursuant to the impugned order dated

13.11.2024 vide Letter ref. No.SCN / 319984705/ 24 and quash the same and consequently direct the 1st respondent to re-activate the petitioners renewed Passport NO.C5141878 Ref. File NO.MA2077097261924 dated 07.11.2024.

For Petitioner(s): M/s.V.Anand For Respondent(s):

Mr.K.Gangadaran, Central Government Counsel for R1 Mr.Leonard Arul Joseph Selvam, Government Advocate For R2 and R3

ORDER

This writ petition has been filed challenging the impugned communication dated 13.11.2024 issued by the 1st respondent and for a direction to the 1st respondent not to suspend the passport which has already been renewed on 07.11.2024.

2.

Heard Mr.V.Anand, learned counsel for the petitioner and Mr. K.Gangadaran, Central Government Counsel for 1st respondent and Mr.Leonard Arul Joseph Selvam, learned Government Advocate [Crl. Side] For Respondents 2 and 3.

3.

The impugned communication dated 13.11.2024 has been issued by the 1st respondent mainly on the ground that there is an

FIR registered by the 3rd respondent in Crime No.414 of 2018 and the same was not brought to the notice of the 1st respondent, when the passport was renewed on 07.11.2024.

4.

The learned Government Advocate appearing on behalf of the respondents 2 and 3 submitted that an FIR was registered by the 3rd respondent in Crime No.414 of 2018 for offence under Section 323, 341 and 506(i) of IPC r/w Section 3(1) of the Tamil nadu Public Property (Prevention of Damage and Loss) Act, 1992 and the case is under investigation.

5.

In the considered view of this Court, the FIR is still under investigation and till date, the police report has not been filed. Therefore, there is no "case pending" as against the petitioner warranting the suspension of the passport that has already been issued in favour of the petitioner on 07.11.2024. The law on this issue is now too well settled.

6.

In view of the above, the impugned communication dated 13.11.2024 is hereby quashed and there shall be a direction to the 1st respondent not to take any steps to suspend the renewal of passport

which has already been issued in favour of the petitioner. 7.

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

30-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional Passport Officer Regional Passport Office, Rayala Towers 2 And 3, IV Floor New No. 158, Anna Salai, Chennai-2 2.The Greater Chennai Commisisoner Of Police O/o.Commissioner Of Police, Vepery, Chennai.

3.The Inspector Of Police G-3, Vepery Police Station, Chennai.

N.ANAND VENKATESH J.

rka 30-06-2025