Raju Nallappan v. Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2025
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR & W.M.P.No.53208 of 2025 Raju Nallappan .. Petitioner
Versus
1. The Regional Passport Officer Regional Passport Office Coimbatore, First Floor Corporation Commercial Complex Opp. Thandumariamman Koil Avinashi Road Coimbatore - 641 018
2. State of Tamil Nadu Rep. By Inspector of Police CBCID, Erode District Erode .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to re-issue/renew the Old Passport of the petitioner vide Passport No.N7410375 by processing the application bearing Reference Number 25-1059079211 dated 13.08.2025 expeditiously. For Petitioner : Mr.Vikram Veerasamy For Respondents : Mr.D.Baskar Central Govt. Standing Counsel for R1 1 / 7
Mr.L.Baskaran Government Advocate for R2
ORDER
The petitioner seeks a direction to the respondents to consider the application for re-issue/renewal of passport of the petitioner dated 13.08.2025 of the petitioner and consequently issue a passport to the petitioner.
2. It is the contention of the petitioner that the petitioner applied for renewal of his passport, however, the first respondent sent a notice calling upon the petitioner to give a suitable explanation with regard to the criminal case pending against me in C.C.No.136 of 2016 for the offences under Sections 120-B, 419, 420, 467 and 471 IPC. Though the petitioner sent a detailed reply enclosing the relevant documents, on 20.11.2025 another notice was received by the petitioner captioned "File Closure Notification" calling the petitioner to appear before the Authority on 05.12.2025. Aggrieved over the same, the petitioner is before this Court.
3. Heard both sides and perused the materials placed on record. 2 / 7
4. By consent of both parties, this writ is taken up for final disposal at the admission stage itself.
5. At the outset, it is relevant to note that mere pendency of the criminal case, is not a bar for processing the application for issuance of passport. This aspect has been clearly dealt with by a Division Bench of this Court in the case of The Regional Passport Officer vs. Samsudeen Mohamed Salih and another made in W.A.No.902 of 2023 dated 02.06.2023. The relevant paragraphs of the judgment read as follows:- " 5. A Division Bench of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala v. State of Maharashtra and another, 2022 SCC OnLine Bom 1992, to which one of us (S.V.Gangapurwala, CJ.) was a party, has followed the judgment of the Apex Court in the case of Vangala Kasturi Rangacharyulu, supra and directed the respondent therein to process the application of the petitioner for renewal of the passport.
6. The contention of learned counsel for the appellant that the first respondent cannot travel abroad without the permission of the Court where the criminal case is pending, would not be an impediment for the passport authority to consider the application for renewal of the passport. No doubt, if the first respondent has to travel abroad and the criminal case is pending, then unless the Magistrate or the Sessions Court where the criminal case is pending permits the first respondent to travel abroad, he cannot travel abroad."
6. That apart, even when the conviction is recorded, issuance of passport can be refused only in the cases where the applicant is convicted 3 / 7
during the period of five years immediately preceding the date of application for an offence involving moral turpitude and sentenced for imprisonment of not less than two years.
7. In the case of Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation made in Criminal Appeal No.1342 of 2017 dated 27.09.2021, though the appellant therein was convicted to undergo one year of imprisonment, the Hon'ble Apex Court has held that the passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal. The relevant portion of the judgment reads as follows:- "Admittedly, at present, the conviction of the appellant stands still the disposal of the criminal appeal. The sentence which he has to undergo is for a period of one year. The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal.
The passport authority is directed to renew the passport of the applicant without raising the objection relating to the pendency of the criminal appeal in this Court. Subject to the other conditions being fulfilled, the Interlocutory Application stands disposed of."
8. Considering the above judgments, I am of the view that mere pendency of the criminal case is not a bar for processing the application for renewal of passport.
4 / 7
9. Accordingly, there shall be a direction to the respondents to consider the application of the petitioner, pending with the respondents for renewal of his passport and issue the passport if otherwise, the petitioner satisfies other conditions. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order. It is made clear that if the petitioner wants to travel abroad, he has to obtain necessary permission from the concerned trial Court.
10. Accordingly, this writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 05.12.2025 gpa Index :Yes/No Internet :Yes/No 5 / 7
To
1. The Regional Passport Officer Regional Passport Office Chennai Royala Towers No.2 and 3, IV Floor Old No.785, New no.158 Anna Salai Chennai - 600 002 2.The Inspector of Police EDF-III, Beta - 7, Central Crime Branch EVK Sampath Salai Vepery, Chennai - 07
3. The Inspector of Police R-2 Kodambakkam Police Station Chennai - 24 6 / 7
N. SATHISH KUMAR , J.
gpa W.P.No.47671 of 2025 05.12.2025 7 / 7