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Madras High CourtWP/26216/2025allowed

T.Sekar v. The Regional Passport Authority

2025-07-18Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH T.Sekar Petitioner(s) Vs

1. The Regional Passport Authority Pravasi Bharatiya Sehayata Kendra Shasthir Bhavan, Haddows Road, Nungambakkam, Chennai.

2.The State Of Tamil Nadu Rep. By The Superintendent Of Police, Manjakuppam, Cuddalore, Cuddalore Distrct, Tamil Nadu 607 001 3.The Inspector Of Police J1-Sethiyathope Police Station Sethiyathoppe, Chidambaram Taluk Cuddalore District 608 702 4.The Inspector of Police Chidambaram Town Police Station West Car Street, Chidambaram Tamil Nadu 608 001 Respondent(s)

2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to issue necessary No objection Certificate before the concerned passport authorities for renewal of the passport of the petitioner.

For Petitioner(s):

Mr.K.Sanjayan For Respondent(s):

Mr.Ramprabhu Central Government Counsel for R1 V.Meganathan Government Advocate for R3 and R4

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents 2 to 4 to give No Objection to the 1st respondent in order to enable the petitioner to renew his passport.

2.Heard Mr.K.Sanjayan, learned counsel appearing on behalf of the petitioner, Mr.Ramprabhu, learned Central Government Counsel appearing on behalf of the 1st respondent and Mr.V.Meganathan, learned Government Advocate appearing on behalf of respondents 3 and 4.

3/6 3.The petitioner wanted to renew his passport and hence, submitted an application before the 1st respondent. Since, the criminal case is pending in C.C.No.22 of 2016 on the file of the learned Judicial Magistrate, Chidambaram, the 1st respondent has not renewed the passport. It is under these circumstances, the present writ petition has been filed before this Court. 4.In the considered view of this Court, a mere pendency of the criminal proceedings will not be a ground to deny renewal of a passport. Useful reference can be made to the order passed by the Division Bench of this Court in W.A.No.902 of 2023, dated 02.06.2023.

5.Following the above order, there shall be a direction to the 1st respondent to renew the passport without insisting for the permission of the Court, where the criminal case is pending. The 1st respondent shall renew the passport, within a period of four weeks from the date of receipt of copy of this order, if the petitioner has satisfied all the other requirements. It goes without saying that if the petitioner wants to travel abroad, then he has to necessarily

4/6 seek for permission from the concerned Court, where the criminal case is pending.

6.This writ petition is disposed of with the above directions. No Costs. 18-07-2025 Note:Issue Order Copy on 21.07.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Regional Passport Authority Pravasi Bharatiya Sehayata Kendra Shasthir Bhavan, Haddows Road, Nungambakkam, Chennai.

2.The State Of Tamil Nadu Rep. By The Superintendent Of Police, Manjakuppam, Cuddalore, Cuddalore Distrct, Tamil Nadu 607 001 3.The Inspector Of Police J1-Sethiyathope Police Station Sethiyathoppe, Chidambaram Taluk Cuddalore District 608 702 4.The Inspector of Police Chidambaram Town Police Station West Car Street, Chidambaram Tamil Nadu 608 001

6/6 N.ANAND VENKATESH J.

ssr 18-07-2025