Madras High CourtWP/28853/2025disposed of

Mugunthan Govindaraju v. The Regional Passport Officer

2025-08-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mugunthan Govindaraju S/o.Govindaraju S ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, No.158, 4th Floor, Rayala Towers, Anna Salai, Chennai - 600 002.

2.The State of Tamil Nadu represented by the Inspector of Police, Kannagi Nagar Police Station, Chennai - 600 097.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to renew/reissue the petitioner's existing Passport No.Z3232688 on the basis of the petitioner's Renewal Application No.25-1049235839 dated 05.03.2025 and issue it to the petitioner within the stipulated time that may be fixed by this Court. 1/4

For Petitioner : Mr.K.Prem Anand For Respondents : Mr.V.Muthupandi Standing Counsel [R1] Mr.V.Meganathan Government Advocate [Crl.side] [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the application submitted by the petitioner on 05.03.2025 wherein the petitioner is seeking for renewal/re-issuance of passport.

2. Heard Mr.K.Prem Anand, learned counsel for the petitioner, Mr.V.Muthupandi, learned Standing Counsel appearing for first respondent and Mr.V.Meganathan, learned Government Advocate [Crl.side] appearing for second respondent.

3. Learned Government Advocate [Crl.side] appearing for second respondent submitted that a First Information Report was registered in Crime No.228 of 2024 and on completion of investigation, police report has been filed before the learned Judicial Magistrate, Sholinganallur and it is yet to be taken on file. 2/4

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court and considering the submission of learned Government Advocate [Crl.side], this Court is of the view that mere registration of a First Information Report against the petitioner cannot be a ground to refuse renewal of the passport of the petitioner. Useful reference can be made to the order passed by the Honourable First Bench in W.A.No.902 of 2023 dated 02.06.2023 [The Regional Passport Officer v. Samsudeen Mohamed Salih]. It was held that insofar as the renewal of passport is concerned, the same can be done without the permission of the Court. However, if the accused person wants to travel abroad, he is required to seek permission from the Court where the criminal case is pending.

5. In view of the above, there shall be a direction to the first respondent to process the application submitted by the petitioner seeking for renewal and grant the renewal within a period of four (4) weeks from the date of receipt of a copy of this order, if the petitioner satisfies all the requirements. If ultimately the petitioner wants to go abroad, he has to necessarily seek permission of the Court where the criminal case is pending.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

05.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Regional Passport Officer, Regional Passport Office, No.158, 4th Floor, Rayala Towers, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, Kannagi Nagar Police Station, Chennai - 600 097.

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