Madras High CourtWP(MD)/25727/2024disposed of

Ramesh v. The Regional Passport Officer

2024-10-28Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Ramesh ... Petitioner Vs.

1.The Regional Passport Officer, O/o. the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to renew the petitioner's passport by processing the application No. MDA076587229524 within a stipulated time period in accordance with law on the basis of the explanation cum representation dated 30.07.2024 and 23.07.2024. For Petitioner : Mr.C.Senthil Murugan For R-1 : Mr.T.Mahendran, Central Government Standing Counsel For R-2 : Mr.Vaikkam Karunanithi, Government Advocate (Criminal Side) 1/5

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to renew the petitioner's passport based on his application.

2. As seen from the averments filed in support of this Writ Petition, the first respondent has not renewed the passport of the applicant due to the pendency of the First Information Report. The petitioner claims that he has also submitted an explanation with regard to the pendency of the First Information Report against him.

3. It is well settled law that mere pendency of the First Information Report will not prohibit the first respondent from issuing passport. It is for the first respondent to consider the case of the petitioner requesting for renewing his passport on merits and in accordance with law and decide as to whether the applicant is entitled for renewal of his passport or not.

4. No prejudice would be caused if a direction is issued to the first respondent to consider the petitioner's application seeking for renewal of his passport dehors pending of the First Information Report and decide depending 2/5

upon the applicants antecedents as to whether he is entitled for renewal of his passport or not.

5. Since there is no prohibition for the first respondent to issue passport despite pendency of the First Information Report, this Court directs the first respondent to pass final orders with regard to the renewal of the petitioner's passport after considering the petitioner's explanation with regard to the pendency of the First Information Report against him on merits and in accordance with law and if the petitioner is found to be eligible for renewal of his passport, the first respondent is directed to renew the same within a period of eight (8) weeks from the date of receipt of a copy of this order. This Court is not expressing any opinion on the merits of the matter.

6. With the above direction, the Writ Petition stands disposed of. 28.10.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To 1.The Regional Passport Officer, O/o. the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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ABDUL QUDDHOSE, J.

TSG 28.10.2024 5/5