Sagunthala v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.27680 of 2025 Sagunthala

...Petitioner

Vs

1. Union of India, Represented by its Principal Secretary to Government, Ministry of External Affairs, Sasthri Bhavan, New Delhi.

2. The Regional Passport Officer, Tiruchirappalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.

3. State of Tamil Nadu, The Inspector of Police, Musiri Police Station, Trichy 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 second respondent to renew passport of the petitioner's husband namely Senthil in Application Reference Number (ARN) 24-2002138634, dated 06.05.2024 within the time frame fixed by this Court.

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For Petitioner : M/s.K.Suyambulinga Bharathi For R2 : Mr.I.Sekar Central Government Standing Counsel For R3 : Mr.S.Prakash Government Advocate (Criminal Side)

O R D E R

The present writ petition has been filed by the wife of a passport holder seeking a Mandamus directing the second respondent to renew the passport of the petitioner's husband, based upon his application dated 06.05.2024.

2. The learned Government Advocate (Criminal Side) appearing for the third respondent brought to the notice of this Court that two cases are pending as against the writ petitioner's husband in Crime No.183 of 2018 and Crime No.327 of 2018 on the file of the third respondent. According to him, so far, investigation has not been completed and charge sheet has not been filed.

3. According to the petitioner, as on today, her husband is in abroad and he is ready to cooperate for the trial as and when he returns to India. 2/5

4. This Court in a judgment reported in 2014 8 MLJ 61 (Mr.W.Jaihar Willam Vs.the State of Tamil Nadu) has held that mere pendency of FIR would not be a legal impediment for issuance of passport.

5. In view of the above said facts, the second respondent is directed to consider the request of the writ petitioner to renew and re-issue the passport of the petitioner's husband and pass orders within a period of four weeks from the date of receipt of a copy of this order.

6. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

05.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Principal Secretary to Government, Ministry of External Affairs, Sasthri Bhavan, New Delhi.

2. The Regional Passport Officer, Tiruchirappalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.

3. The Inspector of Police, Musiri Police Station, Trichy District.

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R.VIJAYAKUMAR,J.

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