Banumathi v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Banumathi ... Petitioner Vs

1. The Union of India, Rep. by its Principal Secretary to Government, Ministry of External Affairs, Shasthri Bhavan, New Delhi.

2. The Regional Passport Officer, New No. 201/7D, Old No. 201/17, Medical College Road, Thanjavur District.

3. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

4. The Consular Section to the Embassy of India, Kuwait, The Ministry of External Affairs for India.

... Respondents (R4 is suo motu impleaded vide order dated 26.06.2025 in W.P.(MD) No.17261 of 2025) 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to renew the passport of the petitioner's son, namely Paramasivam, S/o. Pasupathi in Application Reference No. 25-2000724024.

For petitioner : Mr. V.Vishnu For respondents : Mr.S.Selva Krishnan Central Government Standing Counsel for R1, R2 & R4 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R3 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Central Government Standing Counsel for the respondents 1, 2 and learned Government Advocate (Crl.Side) for the third respondent.

2. The petitioner is the mother of one Paramasivam, who is presently working in Kuwait.

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3. It appears that the passport held by her son expires on 16.12.2025. Therefore, he applied for renewal of the passport in Consular Section to the Embassy of India, Kuwait. However, the same has been rejected citing of the registration of case in FIR in Crime No.203 of 2021 against the petitioner's son under Section 21(1) of Mines and Minerals (Development and Regulation)Act, 1957 and Section 379 of IPC.

4. The learned Government Advocate (Crl.Side) for the third respondent submits that only an FIR has been registered and the case is still under investigation and also no charge sheet has been filed against the petitioner's son.

5. In view of the same, I see no impediment in directing the respondents to renew the passport of the petitioner, which expires on 16.12.2025.

6. The Consular Section to the Embassy of India, Kwait, The Ministry of External Affairs for India, is therefore suo motu impleaded as the fourth respondent.

7. Mr.S.Selva Krishnan, learned Central Government Standing Counsel for 3/5

the respondents 1 and 2 takes notice on behalf of the newly impleaded fourth respondent.

8. The fourth respondent is directed to renew the passport of the petitioner before it expires.

9. It is made clear that in case, the charge sheet is filed against the petitioner in Crime No.203 of 2021, the petitioner shall be deported back to India.

10. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 26.06.2025 Internet : Yes / No apd To

1. The Union of India, Rep. by its Principal Secretary to Government, Ministry of External Affairs, Shasthri Bhavan, New Delhi.

2. The Regional Passport Officer, New No. 201/7D, Old No. 201/17, Medical College Road, 4/5

Thanjavur District.

C.SARAVANAN, J.

apd

3. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

4. The Consular Section to the Embassy of India, Kuwait, The Ministry of External Affairs for India.

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