← Library
Madras High CourtWP(MD)/21205/2025disposed of

Mohamed Ansari Mohamed Aliyar v. The Regional Passport Officer

2025-08-04Honourable Mr Justice C. Saravanan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.16368 of 2025 Mohamed Ansari Mohamed Aliyar ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar, 7th Cross, Tiruchirapalli - 621018.

2.The Inspector of Police, Uppiliyapuram Police Station, Tiruchirapalli.

3.The Inspector of Police, Gandhi Market Police Station, Tiruchirapalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating the impugned communication in Letter Ref No.OBJ/319857145/24 dated 29.10.2024 and Letter Ref No.OBJ/320799457/25 dated 22.02.2025 of the first respondent

and quash the same as illegal and contrary to the judgment of this Court in Arumugam vs. The Regional Passport Officer in W.A(MD)No.301 of 2018 and consequently, to direct the first respondent to re-issue passport to the petitioner vide file TR2077025424924 dated 15.10.2024, by considering the petitioner's representation dated 18.07.2025, within time frame stipulated by this Court. For Petitioner : Mr.I.Abdul Basith For R1 : Ms.S.Mahalakshmi Central Government Standing Counsel For R2 and R3 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed seeking to quash the impugned communications issued by the first respondent in Letter Ref.No. OBJ/319857145/24 dated 29.10.2024 and Letter Ref.No.OBJ/320799457/25 dated 22.02.2025, which according to the petitioner, are contrary to the judgment of this Court in Arumugam vs. The Regional Passport Officer in W.A.(MD)No. 301 of 2018 and consequently, to direct the first respondent to re-issue the passport to the petitioner, vide File No.TR2077025424924 dated 15.10.2024, by considering the petitioner's representation dated 18.07.2025, within a time frame to be stipulated by this Court.

2. The petitioner, who is the holder of Passport No.N0515076, valid from 01.07.2015 to 30.06.2025, has approached this Court seeking a direction to the respondents to renew the aforesaid passport pursuant to Passport Application No. TR2077025424924 dated 15.10.2024.

3. The learned Government Advocate (Criminal Side) for the respondents 2 and 3, states that the petitioner is an accused in the following two criminal cases:- Sl.No.

Crime No.

Offences Case Status 1.

1217 / 2022 143, 341, 290 and 291 of I.P.C.

Pending before the third respondent. Charge sheet is made ready and the same is yet to be filed before the learned Judicial Magistrate No.V, Tiruchirapalli.

2.

317 / 2019 4A(1a) and 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 Quashed by this Court in Crl.O.P.(MD)No.22696 of 2024, vide order dated 02.01.2025.

4. It is noted that, with respect to the second case, the petitioner has successfully challenged the F.I.R. in Crime No.317 of 2019 before this Court in Crl.O.P.(MD)No.22696 of 2024. As regards the first case, it is informed that

although the charge sheet has been prepared, the same is yet to be filed before the Judicial Magistrate Court No.V, Tiruchirapalli.

5. In view of the above, there appears to be no impediment in directing the first respondent to renew the petitioner's passport, particularly in the light of the decision of the Division Bench of this Court in Regional Passport Officer, Chennai vs. Samsudeen Mohamed Salih and another [W.A.No.902 of 2023, dated 02.06.2023].

6. Accordingly, there shall be a direction to the first respondent to process the petitioner's passport application dated 15.10.2024, and take appropriate action in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

7. It is, however, made clear that in the event the charge sheet is taken on file by the said Court, the petitioner shall suo motu surrender the passport immediately. In case of non-compliance, it shall be open to the third respondent to take necessary steps to seize the passport for being produced before the said

Court. Alternatively, it shall also be open to the first respondent to initiate appropriate proceedings to cancel the passport, the petitioner should fail to comply with the above stipulation. In the event of the petitioner proposes to travel abroad, he shall make an appropriate application before the said Court seeking necessary permission.

8. This Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 04.08.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar, 7th Cross, Tiruchirapalli - 621018.

2.The Inspector of Police, Uppiliyapuram Police Station, Tiruchirapalli.

3.The Inspector of Police, Gandhi Market Police Station, Tiruchirapalli.

C.SARAVANAN , J.

smn2 W .P.(MD)No.21205 of 2025 04.08.2025