← Library
Madras High CourtWP(MD)/20573/2025dismissed

Selvarasu v. The Regional Passport Officer

2025-07-29Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Selvarasu ... Petitioner -vs1.The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Melavalavu Police Station, Madurai District.

(In Crime No.25 of 2022) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to renew passport to the petitioner vide Passport Application File No.MD1077144230524, within the time that may be stipulated by this Court.

For Petitioner : Mr.A.Subramanian For R1 : Mr.K.Manikandan Central Government Standing Counsel For R2 and R3 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side)

ORDER

Heard the learned counsel for the petitioner, the learned Central Government Standing Counsel for the first respondent and the learned Government Advocate (Criminal Side) for the second respondent.

2. The petitioner has approached this Court by way of a writ of Mandamus, seeking a direction to the first respondent to renew his passport pursuant to the passport Application No.MD1077144230524, submitted on 22.11.2024.

3. The case of the petitioner is that he was previously in possession of a passport, which was lost and therefore, he has applied for its renewal.

4. The learned Government Advocate (Criminal Side) appearing for the second respondent submits that the petitioner is involved in at least two criminal cases. In one such case, a charge sheet has been filed in C.C.No.440 of 2025 before the Judicial Magistrate Court, Melur, for the offences under Section 379 IPC and Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, based on the FIR in Crime No.25 of 2022, dated 16.03.2022.

5. It is further submitted that for a similar offence, another FIR was registered against the petitioner in Crime No.516 of 2022 and a charge sheet was filed as early as on 02.09.2022. However, the same has not yet been taken on file.

6. In view of the fact that the petitioner is involved in criminal cases, this Court is not inclined to issue a direction to the first respondent to process the passport application purportedly filed for renewal of a lost passport.

7. However, the petitioner is at liberty to approach the learned Judicial Magistrate, Melur, Madurai District, by filing an appropriate application, seeking permission or appropriate directions, which may enable the first respondent to consider the passport application. If the existing application is still pending, the said authority may take necessary action based on the orders of the learned Judicial Magistrate, Melur. If the application has already been closed, the petitioner is granted liberty to file a fresh application based on such orders as may be obtained from the competent Court.

8. Accordingly, the Writ Petition stands dismissed, with the above observations. No costs.

NCC : Yes / No 29.07.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Melavalavu Police Station, Madurai District.

C.SARAVANAN , J.

smn2 W .P.(MD)No.20573 of 2025 29.07.2025