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Madras High CourtWP/33003/2025disposed of

Samuel Abraham v. The Regional Passport Officer

2025-08-29Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Samuel Abraham S/o.Rajkumar, No.2/425, Gandhi Nagar, Hospital Road, Perambakkam, Tiruvallur- 600 037.

Petitioner(s) Vs

1. The Regional Passport Officer Rayala Towers, No.2 And 3, IV Floor, No.158, Anna Salai, Chennai- 600 002.

2.The Inspector Of Police Mappedu Police Station, Thiruvallur District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of Mandamus directing the 1st respondent to renew and issue passport No.N1087335 to the petitioner by considering the petitioners passport Application ARN-25- 1054747604 dated 26.06.2025 pending in file No. MA2075294438525 on the file of 1st

respondent, within a time frame may be fixed by this Court. For Petitioner(s): Mr.D.Bennington For Respondent(s):

Mr.S.Pavesh Kannan Central Government Standing counsel for R1 Mr.V.Meganathan Government Advocate [Crl.

Side] for R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to act upon the application submitted by the petitioner on 26.06.2025 wherein the petitioner is seeking for renewal / re-issuance of the passport. 2.

Heard Mr.D.Bennington, learned counsel for the petitioner and Mr.S.Pavesh Kannan, learned Central Government Standing counsel for 1st respondent and Mr.V.Meganathan, learned Government Advocate [Crl. Side] for 2nd respondent. 3.

It is brought to the notice of this Court that the criminal case is pending against the petitioner in CC No.630 of 2025 on the file of the Judicial Magistrate II, Thiruvallur.

4.

In the considered view of this Court, the mere pendency of an FIR against the petitioner cannot be a ground to refuse reissuance / renewal of the passport in favour of the petitioner. 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.

In view of the above, the 1st respondent is directed to process the application submitted by the petitioner on 26.06.2025 and to renew/ reissue the passport in favour of the petitioner for the regular period, within a period of four weeks from the date of receipt of a copy of this order, if the petitioner has satisfied all the other requirements.

6.

This writ petition is disposed of with the above directions. No costs.

29-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional Passport Officer Rayala Towers, No.2 And 3, Iv Floor, No.158, Anna Salai, Chennai- 600 002.

2.The Inspector Of Police Mappedu Police Station, Thiruvallur District.

N.ANAND VENKATESH J.

rka WP No. 33003 of 29-08-2025