← Library
Madras High CourtWP/25325/2025disposed of

K.Kader Batcha Sowjeeth Khan v. The Regional Passport Officer

2025-07-22Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH K.Kader Batcha Sowjeeth Khan S/o Kader Batcha No. 4/7, Feroz Sahib Street, Royapettah, Chennai 600 014.

Petitioner(s) Vs

1. The Regional Passport Officer, Office of the Regional Passport Office, Anna Salai, Chennai 600 002.

2.The Assistant Commissioner of Customs, B Wing IIIrd Floor, No. 1 Williams Road, Cantonment, Tiruchirapalli - 620 001.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to re-issue passport to the petitioner.

For Petitioner(s):

Mr.R.Rajan For Respondent(s):

Mr.S.Nelson, Central Govt.Standing Counsel For R1 Mr.Rajnish Pathiyil Senior Panel Counsel For R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to re-issue / renew the passport of the petitioner based on the application submitted by the petitioner on 10.01.2024. 2.

When the matter was taken up for hearing today, the learned Senior Panel Counsel appearing for 2 nd respondent produced the relevant documents before this Court and it is seen that a case was registered against the petitioner under Section 135 (i) (b) of the Customs Act,1962. The same resulted in a case in CC No.330 of 2016 on the file of the Judicial Magistrate I, Trichy. In this case, the petitioner pleaded guilty and a fine was imposed by judgement dated 17.07.2017 which was paid by the petitioner. For the very same transaction, penalty proceedings were initiated by the Joint Commissioner of Customs and through an order dated 28.12.2015, the total penalty of Rs.20,00,000/- has been imposed against the petitioner under Section 112 (a) of the Customs Act, 1962. The learned Senior Panel counsel submitted that this penalty is yet to be paid by the petitioner.

3.

Taking into consideration the above submissions made by the learned Senior Panel Counsel appearing for the 2 nd respondent, it is seen that the criminal case against the petitioner is already complete and what remains is the recovery of penalty from the petitioner. Hence, there shall be a direction to the

st respondent to process the application submitted by the petitioner for reissuance / renewal of the passport and it shall be completed within a period of four weeks from the date of receipt of a copy of this order. Insofar as the recovery of penalty from the petitioner, it is left open to the 2 nd respondent to proceed further in accordance with law.

4.

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

22-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional Passport Officer Office of the Regional Passport Office, Anna Salai, Chennai 600 002.

2.The Assistant Commissioner of Customs, B Wing IIIrd Floor, No. 1 Williams Road, Cantonment, Tirichy

N.ANAND VENKATESH J.

rka 22-07-2025