Chockalingam S v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN S.Chockalingam ... Petitioner /vs./ 1.Regional Passport Officer, Regional Passport Office Madurai, Race Course Road, Madurai.
2.Superintendent of Police, Sivagangai District.
3.The Inspector of Police, Nerkuppai Police Station, Nerkuppai, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent pertaining to the impugned proceedings in the letter vide Ref. No.SCN/1049172230/25 dated 21.05.2025 and to quash the same as illegal and consequentially to direct the 1st respondent renew the passport bearing Passport 1/6
Number M6502602, within the time that may be stipulated by this Court. For Petitioner : Mr.S.Ramanathan For R1 : Mr.S.Selvakrishnan CGSC For R2 & R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)
ORDER
Mr.S.Selvakrishnan, learned Central Government Standing Counsel takes notice for the first respondent and Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.side) takes notice for the respondents 2 and 3. 2.Challenging the order passed by the first respondent in Ref. No.SCN/1049172230/25 dated 21.05.2025 and for a consequential direction to the first respondent to renew the passport of the petitioner bearing Passport No.M6502602, the petitioner is before this Court. 3.The petitioner, a holder of the passport, had applied for renewal of the passport.
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4.Earlier, an application has been filed by the petitioner, which appears to have been closed on 21.02.2025. Thereafter, the petitioner has applied for a fresh passport on 22.04.2025. The petitioner has now been asked to appear within 30 days after the date of the receipt of the impugned communication dated 21.05.2025 in connection with his involvement in the Crime mentioned therein. 5.The learned Government Advocate (Crl.side) for the respondents 2 and 3 submits that the petitioner is an accused person in Crime No.6 of 2024, dated 16.01.2024, registered for the offences under Section 143 of IPC and Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960. It is submitted that a charge sheet has also been filed and the case is now pending before the learned Judicial Magistrate, Singampunari in STC.No.130 of 2024. 6.
The learned Government Advocate (Crl.side) further submits that the petitioner is also an accused in Crime No.52 of 2024, dated 12.07.2024, registered for the offence under Section 189(1)(b) and 223 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and the case is under investigation by the respondents 2 and 3.
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7.Considering the above, there is no case made out to challenge the impugned communication. There is also no scope for directing the first respondent to issue new passport to the petitioner, in response to the passport application filed by the petitioner on 22.04.2025 for the second time. However, a Division Bench of this Court in Regional Passport Officer vs. Samsudeen Mohamed Salih (W.A.No.902 of 2023, dated 02.06.2023) has taken a contra view. Therefore, to balance the interest, the Government has also issued guidelines in Office memorandum, dated 10.10.2019. 8.Considering the same, there shall be a direction to the respondents to renew the passport of the petitioner. However, the petitioner shall obtain necessary permission of the Court before travelling abroad.
It is open for the petitioner to approach the learned Judicial Magistrate, Singampunari, in STC.No. 130 of 2024 for appropriate directions. In case, a charge sheet is filed in Crime No.52 of 2024, the petitioner will have to obtain suitable orders from the Court, before which, the passport application of the petitioner can be considered.
9.With the aforesaid directions, the Writ Petition stands disposed of. No costs.
Index : Yes / No 10.07.2025 Internet : Yes / No mm To 1.Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Nerkuppai Police Station, Nerkuppai, Sivagangai District.
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C.SARAVANAN, J.
mm 10.07.2025 6/6