Siranjeevi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Siranjeevai S/o.Murugesan ... Petitioner vs.

1.The Union of India, Ministry of External Affairs, represented by Principal Secretary, South Block, New Delhi - 110 001.

2.The Regional Passport Officer/ Vice Counsel (Passport), Consulate General of India, Dubai.

3.The State of Tamil Nadu represented by The Inspector of Police, Mangalampet Police Station, Cuddalore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents, particularly the second respondent, to process the petitioner's passport renewal application dated 16.04.2025, bearing Ref.No.ARN:252002005226, without insisting upon No Objection Certificate (NOC) or an acquittal order from the criminal Court.

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For Petitioner : Mr.K.Babu For Respondents : Mr.M.Sathyan Standing Counsel [R1 & R2] Mr.V.Meganathan Government Advocate [Crl.side] [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to process the application submitted by the petitioner wherein the petitioner is seeking for renewal of his passport.

2. Heard Mr.K.Babu, learned counsel for the petitioner, Mr.M.Sathyan, learned Standing Counsel appearing for respondents 1 and 2 and Mr.V.Meganathan, learned Government Advocate [Crl.side] appearing for third respondent.

3. Learned Government Advocate [Crl.side] appearing for third respondent submitted that a criminal case is pending against the petitioner in C.C.No.23 of 2018 on the file of Judicial Magistrate II, Virudachalam.

4. In the considered view of this Court mere pendency of a criminal case against the petitioner cannot be a ground to refuse renewal 2/4

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 second 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.

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No 3/4

costs.

07.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Secretary, Union of India, Ministry of External Affairs, South Block, New Delhi - 110 001.

2.The Regional Passport Officer/ Vice Counsel (Passport), Consulate General of India, Dubai.

3.The Inspector of Police, Mangalampet Police Station, Cuddalore District.

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