S.Beni v. The Regional Passport Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.33573 of 2025 and W.M.P(MD).No.26489 of 2025 S.Beni ... Petitioner Vs.

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

2.The Regional Passport Officer, Rayala Tower No.223, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 2.

3.The Inspector of Police, International Airport Police Station, Bangalore, Karnataka State.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, to call for records relating to the impugned order passed by the first respondent vide 1/6

proceedings file No.MD2061971158913 dated 21.04.2023 and quash the same as illegal and consequently direct the first respondent to grant passport facility to the petitioner by considering the representation dated 26.02.2025. For Petitioner :

Mr.A.Balakrishnan For R1 & R2 :

Mr.M.Mahendra Prabhu, Standing Counsel For R3 :

M/s.M.Aasha, Government Advocate (Criminal Side)

O R D E R

The present Writ Petition has been filed seeking to quash the order passed by the first respondent, whereby the petitioner has been refused passport facilities for a period of seven years.

2. The petitioner was issued a passport on 05.06.2013, which was valid up to 04.06.2023. He travelled to Yemen in the year 2018 and worked there as a Staff Nurse from 2019 to 2021.

3. After completion of four years of his stay abroad, the petitioner returned to India, where he was arrested and his passport was seized on the 2/6

ground that travel to Yemen was prohibited during the relevant period. He faced criminal prosecution, was imposed with a fine, and has paid the said fine.

4. According to the learned counsel for the petitioner, he had travelled to Yemen without knowledge of the ban order and was innocent of any deliberate violation. However, by the impugned order, the petitioner has been restricted from travelling abroad for the next seven years and his passport has been revoked. The learned counsel further submitted that another persons, by name Murugan, who had travelled along with the petitioner to Yemen during the same period and had also faced criminal prosecution, was subsequently restored with passport facilities. Hence, the petitioner seeks similar relief.

5. The learned Standing Counsel for the first respondent submitted that the said Murugan had preferred an appeal before the Joint Secretary (Gulf), Ministry of External Affairs, and the same was allowed on humanitarian grounds. Pursuant to the said order, directions were issued to the Passport Officer to restore passport facilities to him. It was therefore submitted that, if the petitioner challenges the impugned order dated 21.04.2023 before the 3/6

competent authority, appropriate orders would be passed depending upon the outcome of such appeal.

6. Heard the learned counsel on either side and perused the materials available on record.

7. The petitioner has pleaded that he is entitled to be treated on par with the said Murugan, who had travelled to Yemen during the ban period and faced criminal proceedings.

8. As rightly pointed out by the learned Standing Counsel for the first respondent, restoration of passport facilities to Murugan was based on the order passed by the Joint Secretary (Gulf), Ministry of External Affairs, while adjudicating the appeal preferred by him. In such circumstances, it is open to the petitioner to challenge the order dated 21.04.2023 before the Joint Secretary (Gulf), Ministry of External Affairs. Depending upon the orders to be passed by the said authority, the first and second respondents shall proceed in accordance with law. If any appeal is presented by the petitioner on or before 16.03.2026, the same shall be entertained without reference to the 4/6

period of limitation.

9. With the above observations, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 23.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To 1.The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Regional Passport Officer, Rayala Tower No.223, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 2.

3.The Inspector of Police, International Airport Police Station, Bangalore, Karnataka State.

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R.VIJAYAKUMAR,J.

pal W.P(MD)No.33573 of 2025 23.02.2026 6/6