Sakthivel v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2025

CORAM

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

1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappallli - 620 018.

2.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

In Crime No.128 of 2024.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to reissue/renew the passport (No.N2572851) based on the petitioner's online application dated 24.05.2025 within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Srikanth For R-1 : M/s.T.Saroja Central Government Standing Counsel For R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The petitioner has filed this Writ Petition for a Mandamus for a direction to the first respondent to renew the passport.

3. It is noticed that the petitioner has been arrayed as Accused No.1 in Crime No.128/2024 for the offences under Sections 115(2), 118(1), 191(2), 296(b) and 351(3) of BNS, 2023.

4. The learned Government Advocate appearing for the second respondent confirms that the charge sheet has been filed and the case has been taken on the file of learned Judicial Magistrate, Thirumayam in C.C.No.73 of 2025.

5. Considering the same, there is no scope for giving any direction to renew the passport. However, the Division Bench of this Court has taken a contra view in W.A.No.902 of 2023 (The Regional Passport Officer, Chennai Vs. Samsudeen Mohamed Salih and another) dated 02.06.2023.

6. Considering the same, the first respondent is directed to renew the passport of the petitioner. However, the petitioner shall surrender the same to the learned Judicial Magistrate, Thirumayam in C.C.No.73 of 2025. In case the petitioner proposes to travel abroad, the petitioner may move suitable application for retrieving the same, in which case, appropriate orders may be passed by the learned Judicial Magistrate, Thirumayam pending disposal of C.C.No.73 of 2025. In case the petitioner fails to surrender the passport soon after its issuance, the second respondent is at liberty to take steps to cancel the same. It is also open for the first respondent to suo motu cancel the passport in case the petitioner fails to comply with the content of this order.

7. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

24.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillai Nagar 7th Cross Tiruchirappallli - 620 018.

2.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

C.SARAVANAN,J.

Lm 24.07.2025