Idhayavarman Lakshmipathi, v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.08.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Idhayavarman Lakshmipathi S/o.R.Lakshmipathi

...Petitioner

Vs.

1.The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, No.785/158, Royala Towers, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, Thiruporur Police Station, Thiruporur, Chingalpattu District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to reissue/renewal of passport of the petitioner based on his application dated 06.08.2025 vide File No.MA3075453565425 forthwith. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.D.Baskar, Central Government Counsel [R1] Mr.V.Meganathan Government Advocate [Crl.side] [R2] *****

O R D E R

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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 06.08.2025 wherein the petitioner is seeking for reissuance/renewal of the passport.

2. Learned Government Advocate appearing for the second respondent, on instructions, submitted that two cases are pending against the petitioner in S.C.Nos.20 of 2021 and 122 of 2021 on the file of Principal Sessions Judge, Chengalpet.

3. This Court carefully considered the submission made on either side and the materials available on record.

4. The pendency of criminal case against the petitioner is not a ground for denying re-issuance/renewal of passport. The issue is no longer res integra and it is covered by the earlier 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 2/4

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. This writ petition is disposed of with the above direction. No costs. 28.08.2025 Speaking/Non-speaking order Index : Yes / No gm N. ANAND VENKATESH, J.

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To 1.The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, No.785/158, Royala Towers, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, Thiruporur Police Station, Thiruporur, Chingalpattu District.

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