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Madras High CourtWP(MD)/35694/2025disposed of

Kathijammal v. The Consular

2025-12-12Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.35694 of 2025 Kathijammal

...Petitioner

Vs

1. The Consular, High Commission of India, Lot No.62514, Simpang 336, Jalan Duta, Bandar Seri Begawan, Brunei Darussalam - BC 4115.

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

3. The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai, Pudukkotai District.

4. The Inspector of Police, Mimisal Police Station, Pudukkottai District (In Crime No.63 of 2017)

...Respondents

1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent No.1 to reissue the passport to the petitioner's son namely Abbaskhan Haider Ali based on his application in File No.BR0075614949725.

For Petitioner : M/s.A.Abdulkabur For Respondents : M/s.S.Poornachandran Central Government Standing Counsel for R2 M/s.M.Aasha Government Advocate(crl.side) for R3 and R4

ORDER

The present writ petition has been filed seeking a mandamus directing the first respondent to reissue the passport to the writ petitioner's son, namely, Abbaskhan Haider Ali based upon his application.

2. According to the learned counsel appearing for the writ petitioner, though the passport is expiring only on 03.12.2029, since the pages are running out, he would like to seek a fresh passport.

3. The learned Government Advocate appearing for the 3rd and 4th respondents submits that the petitioner has been implicated in a criminal case in Cr.No.63 of 2017 on the file of the Mimisal Police Station, Pudukottai. So far 2/5

investigation has not been completed and charge sheet has not been laid.

4. This Court in a judgment reported in 2014 (8) MLJ 61 has held that mere pendency of FIR is not a legal impediment for issuance of passport.

5. Considering the above said facts, the second respondent herein is directed to consider the request for reissuance of the passport 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 observations, this writ petition stands disposed of. No costs.

12.12.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The Regional Passport Officer, The Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620 018.

2. The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai, Pudukkotai District.

3. The Inspector of Police, Mimisal Police Station, Pudukkottai District 4/5

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.35694 of 2025 12.12.2025 5/5