← Library
Madras High CourtWP(MD)/25742/2025allowed

Ravichandran Ganapathi v. The Passport Authority

2025-09-22Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.25742 of 2025 Ravichandran Ganapathi ..Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to re-issue the passport to the petitioner based on his application in file No.MD1075436107825 dated 26.7.2025. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.R.Paranjothi (for R1) Mr.S.Prakash Govt. Advocate (crl.side) (for R2) 1/5

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the 1st respondent to re-issue the passport to the petitioner based on his application in file No.MD1075436107825 dated 26.7.2025.

2. Mr.R.Paranjothi, learned Counsel, takes notice for the first respondent. Mr.S.Prakash, learned Government Advocate (criminal side) for the second respondent. By consent, this writ petition is taken up for final disposal at the time of admission itself.

3. It is the case of the petitioner that, after the expiry of his passport, he applied for its re-issuance on 26.07.2025. In respect of the passport application (File No.MD1075436107825), the first respondent issued a letter dated 22.08.2025 seeking clarification regarding an adverse report from the second respondent, which stated that the petitioner was involved in Crime No.10 of 2022 for offences under Sections 279 and 304(A) IPC, chargesheeted in C.C.No.145 of 2023 on the file of the Judicial Magistrate, Singampunari. Therefore, the petitioner has filed the present writ petition.

4. The learned Government Advocate (Crl. Side) for the second respondent confirms that the petitioner has been arrayed as an accused in the above said case.

2/5

5. A Division Bench of this Court, in the case of The Regional Passport Officer, Chennai vs. Samsudeen Mohamed Salih and another (W.A. No.902 of 2023, dated 02.06.2023), following a Division Bench judgment of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala vs. State of Maharastra and another, reported in 2022 SCC OnLine Bom 1992, held that the pendency of a criminal case will not be an impediment for the passport authorities to consider an application for renewal of passport. The Bench went on to hold that where a criminal case is pending against an applicant and he wishes to travel abroad, he shall do so after obtaining permission from the concerned Court where the criminal proceedings are pending.

Accordingly, the first respondent is directed to act upon the passport application submitted by the petitioner and re-issue the passport in the petitioner's name, within a period of three weeks from the date of receipt of a copy of this order, provided the petitioner satisfies all other statutory requirements. It is clarified that if the petitioner intends to travel abroad, he must obtain the necessary permission from the Court in which the criminal case is pending.

6.

This writ petition is allowed. No costs.

22.09.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

4/5

P.T.ASHA, J.

skn Writ Petition(MD)No.25742 of 2025 22.09.2025 5/5