Madras High CourtWP(MD)/35374/2025disposed of

Thowfeek, v. The Regional Passport Officer

2026-01-05Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/01/2026

CORAM

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Thowfeek, ... Petitioner Vs

1. The Regional Passport Officer, Race Course, Madurai..

2. The Regional Passport Officer, Mukesh Towers, 13, South Byepass Road, Xavier Colony, Tirunelveli District..

3. The Assistant Director of Income Tax(Investigation), Department of Income Tax, No.318, Third Floor, Investigation Building, No.46 (Old No.108), Mahatma Gandhi Road, Nungambakkam, Chennai-34.

4. The Central Bureau of Investigation, (Banking Securities Fraud), No.36, CBI Complex, Bellary Road, Ganganagar, Bengaluru..

... Respondents 1/5

PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the first and second respondents herein to re-issue a fresh passport based on the renewal application submitted by the petitioner vide application No. 25-1059357677 dated 18.08.2025, by considering petitioner's representation dated 19.11.2025 within a stipulated period that may be fixed by the this Court.

For Petitioner : Mr.R. Vignesh, For R1 and R2 : Mr.P.Veerapandi, CGSC For R3 : Mr.J.Parekh Kumar For R4 : Mr.N.Mohideen Basha Special Public Prosecutor

ORDER

The present writ petition has been filed seeking a writ of Mandamus as against the respondents 1 and 2 herein to reissue a fresh passport to the writ petitioner, based upon his application dated 18.08.2025.

2. According to the learned counsel for the fourth respondent, the petitioner is not an accused in the criminal case that is investigated by the 2/5

fourth respondent herein. An affidavit to that effect has been filed by the fourth respondents, the relevant portion of which is extracted as follows: "4.I respectfully submit that during the course of investigation in the above said case, the statement of the petitioner, Shri Towfeek S.A.K., S/o.Shri Segu Abdul Kader, was recorded in connection with his role as a Director of a Hond Kong-based foreign beneficiary company, namely M/s. Cool Star Limited. It is further submitted that the petitioner is not a named accused in the FIR bearing R.C.No.28(A)/2017.

5. It is also submitted that no communication has been issued by the Central Bureau of Investigation to any Passport Authority seeking withholding, suspension, refusal, or denial of issuance or renewal of the petitioner's passport."

3. In view of the aforesaid facts, the respondents 1 and 2 are directed to consider the request of the petitioner for re-issuance a passport and pass orders within a period of two weeks from the date of receipt of a copy of this order.

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4. With the above said observations, this writ petition is disposed of. No Costs.

05.01.2026 tta TO

1. The Regional Passport Officer, Race Course, Madurai..

2. The Regional Passport Officer, Mukesh Towers, 13, South Byepass Road, Xavier Colony, Tirunelveli District..

3. The Assistant Director of Income Tax(Investigation), Department of Income Tax, No.318, Third Floor, Investigation Building, No.46 (Old No.108), Mahatma Gandhi Road, Nungambakkam, Chennai-34.

4. The Central Bureau of Investigation, (Banking Securities Fraud), No.36, CBI Complex, Bellary Road, Ganganagar, Bengaluru.

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R.VIJAYAKUMAR,J tta

ORDER

IN WP(MD) No.35374 of 2025 Date : 05/01/2026 5/5