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Madras High CourtWP/34677/2025disposed of with direction

Mohindaran v. The Regional Passport Officer

2025-09-12Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Mohindaran ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Chennai, Royala Towers No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

2.Passport Seva Kendra, Represented by its Passport Officer, No.1, Banumathi, Vijayaragavapuram, Saligramam, Chennai - 600 093.

3.Inspector of Police, Adyar TIW, Chennai - 600 020.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and the 2nd respondents to renew the petitioner's passport vide Application MA1075097785525 for a period of 10 years within a time frame as stipulated by this Court.

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For Petitioner : Ms.S.Shanmitha For Respondents : Mr.M.Sathyan Additional Central Government Standing Counsel [R1 & R2] Mr.S.Balaji Government Advocate (Crl.Side) [R3] *****

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 1 and 2 to renew the petitioner's passport vide Application MA1075097785525 for a period of 10 years within a time frame as stipulated by this Court.

2. Mr.M.Sathyan, learned Additional Central Government Standing Counsel, accepts notice on behalf of the respondents 1 and 2 and Mr.S.Balaji, learned Government Advocate (Crl.Side), accepts notice on behalf of the 3rd respondent. With the consent of the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that his passport has expired on 07.12.2024, thereby he filed an application for renewal of his passport Page No.2 of 6

for another 10 years before the 2nd respondent vide File No.MA1075097785525 dated 28.05.2025. At the time of uploading the application, he had hired a travel agent for filing the application and inadvertently, the agent failed to disclose that a criminal case in pending against the petitioner. After completion of police verification, when the petitioner verified the status of his application through online, it revealed that police verification report is not clear and the application is under review at Regional Passport Office. Since the petitioner's application was kept pending without any progress, the petitioner has filed the above writ petition before this Court for appropriate directions.

4. The learned counsel for the petitioner submits that the petitioner did not receive any notice or summons to appear before the 1st respondents 1 and 2 to putforth his explanation about the pendency of the criminal case against him. He also submits that, it is a settled position of law that the mere pendency of FIR is not a bar for the authority to reissue passport to the petitioner.

5. The learned Additional Central Government Standing Counsel appearing for the respondents 1 and 2, on instructions, submits that the Page No.3 of 6

petitioner's application dated 28.05.2025 will be considered and appropriate orders will be passed by the first respondent on merits and in accordance with Passport Act and Rules, as expeditiously as possible.

6. Admittedly, it is a settled position of law that the mere pendency of FIR is not a bar for the authority to issue passport. Therefore, this Court, directs the first respondent to consider the petitioner's passport application dated 28.05.2025 and pass appropriate orders on merits and in accordance with Passport Act and Rules, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

12.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Regional Passport Officer, Regional Passport Office, Chennai, Royala Towers No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

2.The Passport Officer, Passport Seva Kendra, No.1, Banumathi, Vijayaragavapuram, Saligramam, Chennai - 600 093.

3.The Inspector of Police, Adyar TIW, Chennai - 600 020.

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M.DHANDAPANI, J.

sp 12.09.2025 Page No.6 of 6