Halinath Raja Haja Moideen v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P.No.46995 & 46997 of 2025 Halinath Raja Haja Moideen ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Rayala Towers 2 & 3 Floor, New No.158, Anna Salai, Chennai-2.
2.The Inspector of Police Mangalpet Police Station, Cuddalore.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating the Impugned communication in Letter reference No.SCN/319020135/24 dated 13.08.2024 of the 1st Respondent and qush the same as illegal and consequently direct the 1st Respondent to issue Passport Clearance Certificate (PCC) to the petitioner by considering the petitioner's PCC Application vide ARN No.24-1009247069 and file No.MAH086900837324 dated 26.07.2024 and Petitioner's representation dated 10.06.2025 within time frame stipulated by this Hon'ble Court.
1/6
For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.M.Sathyan, Additional Central Govt. Standing Counsel for R-1 : Mr.S.Balaji, Government Advocate (Crl.Side) for R-2
O R D E R
This Writ Petition has been filed challenging the Impugned communication of the 1st Respondent dated 13.08.2024 seeking a consequential direction to the 1st Respondent to issue Passport Clearance Certificate (PCC) to the petitioner on the basis of the petitioner's PCC Application bearing ARN No.24-1009247069 and file No.MAH086900837324 dated 26.07.2024 as well as the petitioner's representation dated 10.06.2025 within the time that may be stipulated by this Court.
2. Brief facts that are necessary for disposal of this Writ Petition are:- The petitioner herein is the holder of Indian Passport issued by the 1st respondent bearing No.V6773269 valid from 10.02.2022 to 09.02.2032. The petitioner has already challenged the very same show cause notice dated 13.08.2024 before this Court in W.P.No.26866 of 2024 which was dismissed 2/6
vide order dated 18.09.2025 granting liberty to the petitioner make appropriate application before the court concerned in the event the petitioner wishes to travel abroad against which, Writ Appeal was preferred before the Division Bench of this Court in W.A.No.3052 of 2024. Pending the Appeal, the petitioner also filed Crl.O.P.No.3882 of 2025 before this Court seeking quashment of FIR No.118 of 2020 and the same was allowed vide order dated 14.02.2025. Being unaware of the order passed in Crl.O.P.No.3882 of 2025 the said FIR was taken cognizance by the learned Judicial Magistrate No.II, Virudhachalam in C.C.No.26 of 2025 which was subsequently closed. Taking note of the above facts, W.A.No.3052 of 2024 was disposed of by this Court vide order dated 19.03.
2025 with liberty to the petitioner to pursue his application for issuance of Police Clearance Certificate if there is no impediment which shall be considered by the respondents. On 10.06.2025, the petitioner made a representation to the 1st respondent seeking issuance of PCC certificate. However, the same has not been considered by the 1st till date. Aggrieved by which, the petitioner has come up with the present Writ Petition seeking quashment of the impugned communication dated 13.08.2024.
3. Learned counsel appearing for the petitioner submitted that, as on date, there is no criminal case pending against the petitioner as the FIR No.118 3/6
of 2020 which was pending on the file of the 2nd respondent itself has been quashed by this Court Crl.O.P.No.3882 of 2025. In the absence of any impediment, this Court may issue a direction to the 1st respondent to process the petitioner's PCC application forthwith.
4. On the above contention, this Court heard the learned Additional Central Govt. Standing Counsel appearing for the first respondent as well as the learned Government Advocate (Crl.Side) appearing for the second respondent and perused the materials available on record.
5. It is the case of the petitioner that his PCC application has not been considered citing pendency of FIR in Crime No.118 of 2020 against the petitioner. However, considering the fact that the said FIR itself has been quashed by this Court vide order dated 14.02.2025 in Crl.O.P.No.3882 of 2025, this Court is of the view that there is no impediment to process the petitioner's application for issuance of PCC. In such view of the matter, there shall be a direction to the petitioner to submit a copy of application for issuance of Police Clearance Certificate along with the copy of the order dated 14.02.2025 passed in Crl.O.P.No.3882 of 2025 within a period of one (1) week from the date of receipt of copy of this order before the 1st respondent. Upon receipt of the same, 4/6
the 1st respondent is directed to process the petitioner's PCC application and issue necessary certificate to the petitioner within a period of two (2) weeks thereafter, if there is no other case pending against the petitioner.
6. This Writ Petition stands disposed of in the above terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.
11.11.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs Note to Office : Issue order copy on or before 21.11.2025 To 1.The Regional Passport Officer, Regional Passport Office, Rayala Towers 2 & 3 Floor, New No.158, Anna Salai, Chennai-2.
2.The Inspector of Police Mangalpet Police Station, Cuddalore.
3. The Public Prosecutor, High Court of Madras, Chennai.
5/6
M.DHANDAPANI, J Nhs W.M.P.No.46995 & 46997 of 2025 11.11.2025 6/6