Nagasubramaniyan. E v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN E.Nagasubramaniyan ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirapalli - 620 018.
2.The Inspector of Police, Karaiyur Police Station, Pudukottai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned letter in Ref.No.TR2076518122724 dated 04.06.2024 passed by the first respondent and quashing the same and consequently directing the first respondent to allow my application dated 06.05.2024 and renewal of the petitioner's Passport No.M0780996. For Petitioner : Mr.P.Venkatesan For R1 : Mr.V.B.Sundhareshwar Central Government Standing Counsel Page No. 1 of 6
For R2 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) ****
O R D E R
This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned letter in Ref.No.TR2076518122724, dated 04.06.2024, issued by the first respondent, and to quash the same, and consequently, to direct the first respondent to consider and allow the petitioner's application dated 06.05.2024 and to renew the petitioner's Passport No.M0780996.
2. It is informed that the petitioner is the first accused in Crime No. 171 of 2021, dated 22.07.2021, registered by the second respondent police for the alleged offences punishable under Section 379 of the Indian Penal Code, 1860, and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. The petitioner is also arrayed as the second accused in Crime No.26 of 2023, registered by the second respondent police for the same offences.
3. It is informed by the learned Government Advocate appearing for the second respondent police that although the charge sheet has been Page No. 2 of 6
prepared, the same has not yet been filed in the respective cases against the petitioner.
4. The learned Central Government Standing Counsel appearing for the first respondent submits that a notice was issued to the petitioner on 04.06.2024, followed by a reminder dated 27.11.2024, and a proposal for file closure on 09.01.2025. Eventually, the file was closed on 05.03.2025, as the petitioner had failed to respond to the Show Cause Notice.
5. Having considered the submissions made by the learned counsel for the petitioner, the learned Central Government Standing Counsel appearing for the first respondent, and the learned Government Advocate appearing for the second respondent, this Court is of the view that Section 6(2)(f) of the Passports Act, 1967 would act as an embargo only in cases where proceedings are pending before the court of law. In the present case, no case is pending before any court against the petitioner. Therefore, there is no impediment to the renewal of the petitioner's passport, in the light of the decision of the Division Bench of this Court in Regional Passport Officer, Chennai vs. Samsudeen Mohamed Salih and another, dated 02.06.2023, rendered in W.A. No.902 of 2023. Page No. 3 of 6
6. Since the petitioner's application for renewal of the passport was closed as early as 05.03.2025, the petitioner is granted liberty to file a fresh application before the first respondent. In case such an application is filed by the petitioner, the same shall be processed in accordance with law, as no charge sheet has been filed against the petitioner in the abovementioned Crime Numbers before the Court, and an appropriate order shall be passed for renewal of the petitioner's passport within a period of 30 days thereafter.
7. Accordingly, this Writ Petition stands disposed of. No costs. 08.07.2025 JEN Index : Yes / No Internet : Yes / No To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirapalli - 620 018.
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2.The Inspector of Police, Karaiyur Police Station, Pudukottai District.
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C.SARAVANAN , J.
JEN 08.07.2025 Page No. 6 of 6