S.Mahalakshmi v. Ministry Of External Affairs
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.21805 of 2025 S.Mahalakshmi ... Petitioner Vs.
1.Ministry of External Affairs, South Block, Raisina Hill, New Delhi, Delhi, 110 011.
2.The Regional Passport Officer, New Municipal Complex, Thillai Nagar 7th Cross, Trichirappalli-620 018.
3.The Sub-Inspector of Police, Maruvathur Police Station, Perambalur District.
...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to Renew the passport (Renewal Passport) to the petitioner's husband's (Passport No.M8396206) pursuant to the petitioner's husband's passport application in Reference No.25-2002473676 for renewal.
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For Petitioner : Mr.S.Deenadhayalan For R2 : Mr.T.Balaji Krishnaswamy 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 No.2 and the learned Government Advocate appears on behalf of the respondent No.3.
2. The petitioner has filed the present Writ Petition on behalf of her husband, who is presently employed in Kuwait as an Agricultural Technician Labourer at the Abdali Agricultural Co-operative Society, P.O. Box No.23964, Code No.13100, Safat, Kuwait. The petitioner's husband is a holder of Passport No. M8396206, valid for the period from 07.10.2015 to 06.10.2025. He had applied for renewal of the said passport on 12.05.2025 through the Embassy of India, Kuwait. However, the application has not been processed, as he is shown as the second accused in FIR No.285 of 2016 dated 14.08.2016, pending before the third respondent Police Station, for the alleged offence under Section 3 of 2/5
the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.
3. The learned Government Advocate (Crl. Side) would submit that the charge sheet has been made ready, but the same has not yet been filed before the jurisdictional Court.
4. Since no criminal case is presently pending before any Court, there can be no impediment in directing respondent Nos.1 and 2 to renew the passport of the petitioner's husband, in terms of the decision of the Division Bench of this Court in The Regional Passport Officer, Chennai v. Samsudeen Mohamed Salih and others dated 02.06.2023 in W.A. No.902 of 2023.
5. Considering the above, there shall be a direction to respondent Nos.1 and 2 to process the passport application of the petitioner's husband, dated 12.05.2025 as expeditiously as possible, failing which the petitioner's husband may face deportation from Kuwait. However, it is made clear that as and when the charge sheet is filed and the case is taken on file by the jurisdictional Court competent to try the offence arising out of FIR No.285 of 2016 dated 14.08.2016, the petitioner's husband shall appear before the said Court and 3/5
participate in the proceedings.
6. With the above direction, this Writ Petition stands disposed of. No costs.
08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.Ministry of External Affairs, South Block, Raisina Hill, New Delhi, Delhi, 110 011.
2.The Regional Passport Officer, New Municipal Complex, Thillai Nagar 7th Cross, Trichirappalli-620 018.
3.The Sub-Inspector of Police, Maruvathur Police Station, Perambalur District.
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C.SARAVANAN, J.
Indu W.P(MD).No.21805 of 2025 08.08.2025 5/5