Abubuckker Siddiq v. The Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN Abubuckker Siddiq ... Petitioner Vs
1. The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.
2. The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District.
3. State of Tamil Nadu, The Inspector of Police, Tenkasi Police Station, Tenkasi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to direct the first respondent to call for the records of the impugned order in Letter Ref No.SCN/320806039/25, dated 1/5
24.02.2025 issued by the first respondent and quash the same as illegal and further, direct the first respondent to renew petitioners passport vide passport No.F2081862 in Application No.MD2077410154325 by considering the petitioner's representation, dated 18.06.2025. For petitioner : Mr. SMA Jinnah For respondents : Mr. G.Moovendran Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 & 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 first respondent and learned Government Advocate (Crl.Side) for the respondents 2 and 3.
2. The petitioner, who was the holder of the passport No.F2081862, which was valid for a period between 20.01.2005 and 19.01.2015, had applied for a fresh passport on 17.02.2025 vide passport application No.MD2077410154325. 2/5
3. It appears that the petitioner was involved in a serious crime and is being proceeded before the learned Principal District and Sessions Judge/ Special Judge for Communal Clash Court in S.C.No.2 of 2010 for the offences under Sections 120B, 147, 148, 302, 307 and 341 IPC and therefore, pursuant to the Police verification, issuance of passport has been denied.
4. It is confirmed by the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) for the respondents 1 and 2 that the trial in S.C.No.2 of 2010 has been commenced. The petitioner appears to be an accused No.19 in the FIR registered against the petitioner in Crime No.461/2007 before the third respondent, in respect of which the charge sheet was filed before the above Court and therefore, the case is now pending against the petitioner in S.C.No.2 of 2010. Therefore, there is no scope for granting any positive relief to the petitioner in view of Section 6(2)(f) of the Indian Passport Act, 1967.
5. However, it is open for the petitioner to approach the Principal District and Sessions Court/Special Court for Communal Clash preceded over the Special Judge in S.C.No.2 of 2010 for appropriate relief. 3/5
6. In case such application is filed, the Court may consider the prayer of the petitioner and pass appropriate orders for the petitioner to persuade the first respondent to process the application.
7. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 16.07.2025 Internet : Yes / No apd To
1. The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.
2. The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District.
3. State of Tamil Nadu, The Inspector of Police, Tenkasi Police Station, Tenkasi District.
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C.SARAVANAN, J.
apd 16.07.2025 5/5