Madras High Court
Abdul Hakkim vs The Regional Passport Officer on 21 March, 2022
W.P.(MD)No.4933 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.4933 of 2022
Abdul Hakkim ... Petitioner
Vs.
The Regional Passport Officer,
Regional Passport Office,
Municipal Water Tank Building,
W.B.Road,
Tiruchirapalli. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
Respondent to renew the petitioner's passport by considering the
petitioner's application taken on file as File No. TR2073152721320
in the light of judgment made by this court in W.Jaihar William - Vs-
State of Tamil Nadu, 2014 2 CWC 684 within the time that may be
stipulated by this Hon'ble Court.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4933 of 2022
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondent : Mr.V.B.Sundareshwar
Central Government Counsel
ORDER
***********
This Writ Petition has been filed for a Mandamus seeking for
a direction to renew the petitioner's passport by considering the
petitioner's application within a time frame to be fixed by this
Court.
2.It is the case of the petitioner that he submitted his
passport for renewal but the same has not been considered on the
ground that an FIR is pending against the petitioner in Crime
No.1103 of 2020 on the file of Ganthi Market Police Station, Trichy
City for the offences under Sections 143, 153, 269, 270 and 447 of
IPC.
3.Heard Mr.D.S.Haroon Rasheed, learned Counsel appearing
for the writ petitioner and Mr.V.B.Sundareshwar, learned Central
Government Counsel appearing for the respondent.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4933 of 2022
4.It is settled law that pendency of an FIR will not prohibit
the respondent from issuing passport to any applicant. It depends
on facts and circumstances of each case. It is for the respondent to
consider each and every case on merits and in accordance with law
though an FIR may be pending against the applicant.
5.It is now submitted by the learned Central Government
Counsel appearing for the respondent that the earlier application
submitted by the petitioner seeking for renewal of his passport has
now been closed since the required particulars were not furnished
by the petitioner within the stipulated period.
6.Learned Counsel for the petitioner would now submit on
instructions that the petitioner is now willing to submit a fresh
application seeking for renewal of his passport and he requests this
Court for a direction to the respondent to consider the fresh
application to be submitted by the petitioner for renewal on merits
and in accordance with law within a time frame to be fixed by this
Court. The same is recorded.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4933 of 2022
7.Learned Central Government Counsel for respondent has
also not raised any serious objection for the said statement made
by the learned Counsel for the petitioner.
8.For the foregoing reasons, this Court directs the petitioner
to submit a fresh application seeking for renewal of his passport
with the respondent within a period of one [1] week from the date
of receipt of a copy of this order. On receipt of the said application,
the respondent shall process the said application on merits and in
accordance with law after affording a fair hearing to the petitioner.
It is made clear that the pendency of FIR against the petitioner will
not prohibit the respondent to process the petitioner's application
seeking for renewal of passport. It is for the respondent to consider
the petitioner's case on merits and in accordance with law and
decide as to whether passport can be renewed in favour of the
petitioner or not within a period of twelve [12] weeks from the date
of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4933 of 2022
9.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
21.03.2022
Index : Yes / No
Internet: Yes / No
MR
To
The Regional Passport Officer,
Regional Passport Office,
Municipal Water Tank Building,
W.B.Road,
Tiruchirapalli.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4933 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.4933 of 2022
21.03.2022
https://www.mhc.tn.gov.in/judis
