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Madras High CourtWP/26375/2025allowed

M.Anantharasu v. The Regional Passport Officer

2025-07-21Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M.Anantharasu S/o.Muthukannu, 84/D, West Street, Kallakudi, Karuppillaikattalai Post, Ariyalur- 621 707, Tamil Nadu.

Petitioner(s) Vs

1. The Regional Passport Officer Tiruchirapalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirapalli- 620018, Tamil Nadu.

2.The State Rep. By Inspector Of Police, Keelapalur Police Station, Ariyalur District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to reissue / renewal of the petitioners passport Application Reference NumberTR1077180177524 dated 04.12.2024, which had expired on 24.05.2025,within the time stipulated by this Court.

For Petitioner(s): Mrs.Usha Ramman For Respondent(s):

Mr.V.M.Shankar Central Government Counsel for R1 Mr.V.Meganathan Government Advocate[Crl Side] for R2

ORDER

This writ petition has been filed challenging the impugned communication dated 15.03.2024 issued by the 1st respondent and for a consequential direction to the 1st respondent to reissue the passport of the petitioner based on the application submitted by the petitioner on 03.10.2023.

2.

The learned Government Advocate appearing on behalf of the 2nd respondent submitted that an FIR came to be registered against the petitioner and ultimately, on completion of investigation, the police report was filed before the learned Judicial Magistrate I, Trichy and the same was taken on file in CC No.540 of 2019 and the same is pending.

3.

The impugned communication has been issued by the 1st respondent mainly on the ground that the case is pending before the

concerned Court and therefore, the 1st respondent cannot reissue / renew the passport of the petitioner.

4.

In the considered view of this Court, the law on this issue is now too well settled. Useful reference can be made to the judgement of the Division Bench of this Court in WA No.902 of 2023 wherein the Division Bench has held that insofar as the re-issuance of passport is concerned, it is not necessary for the concerned person to get the permission from the Court. Only when it comes to travelling abroad, the concerned person must seek for permission from the Court where the criminal case is pending. 5.

Considering the above, there shall be a direction to the 1st respondent to act upon the application submitted by the petitioner and re-issue the passport in the name of the petitioner, within a period of four weeks from the date of receipt of a copy of this order, if the petitioner satisfies all the other requirements. If the petitioner wants to go abroad, the petitioner has to necessarily seek for the permission from the Court where the criminal case is pending.

6.

This writ petition is allowed with the above directions. No costs. No costs.

21-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional Passport Officer Tiruchirapalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirapalli- 620018, Tamil Nadu.

2.The State Rep. By Inspector Of Police, Keelapalur Police Station, Ariyalur District.

N.ANAND VENKATESH J.

rka WP No. 26375 of 21-07-2025