Anto Thijo Selvin v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19384 of 2025 Anto Thijo Selvin ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Superintendent Enquiry Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to renewal the petitioner's passport on Petitioner's File No. MD2075112938225 dated 02.06.2025 based on the petitioner's reply, dated 09.07.2025.

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For Petitioner : Mr.Maheswaran.R For R1 and R2 : Mr.M.Kannan Central Government Standing Counsel For R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel appears for the petitioner and the learned Central Government Standing Counsel appears on behalf of the respondent Nos.1 and the learned Government Advocate appears on behalf of the respondent No.2.

2. The petitioner is an accused in Crime No.330 of 2016 for the offences punishable under Sections 147, 148, 294(b), 307, 323, 324 and 506(ii) of IPC before the third respondent Police Station. It apperas that Charge Sheet has been filed against the petitioner and the case has been taken on file in S.C.No.349 of 2021 on the file of the Sub Court, Valliyoor.

3. The petitioner is already the holder of a passport valid from 28.06.2015 to 27.06.2025. The petitioner has applied for renewal of the passport on 2/5

02.06.2025, however, it has not been processed by the first respondent in view of the pendency of the criminal case, which is pending against the petitioner.

4. It is noticed that as per Section 6(2)(f) of Indian Passport Act, 1967, there is no scope for issuance of passport to the petitioner. However, the Division Bench of this Court has passed an order in the case of The Regional Passport Officer, Chennai Vs. Samsudeen Mohamed Salih and others, dated 02.06.2023 (W.A.No.902 of 2023) held that there can be no impediment in renewing the passport since the passport already has been issued to the applicant.

5. Considering the same, there shall be a direction to the first respondent to renew the passport of the petitioner and hand over the same to the petitioner within a period of 15 days from the date of receipt of copy of this order. The petitioner shall travel abroad only after filing an appropriate application before the Sub Court, Valliyoor, Tirunelveli District in S.C.No.349 of 2021. The petitioner is at liberty to file a suitable application even before receiving the passport.

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6. With the above direction and liberty, this Writ Petition stands disposed of. No costs.

17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu Issue Order copy on 21.07.2025.

To 1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Superintendent Enquiry Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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C.SARAVANAN, J.

Indu W.P(MD).No.19384 of 2025 17.07.2025 5/5