Madras High Court
Pavithran Madhavan vs The Regional Passport Officer on 1 February, 2024
Author: Anita Sumanth
Bench: Anita Sumanth
2024:MHC:6076
W.P.No.2149 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.02.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.2149 of 2024
Pavithran Madhavan ... Petitioner
Vs
1 The Regional Passport Officer,
Regional Passport Office,
Chennai Royala Towers,
No.2 and 3, IV Floor,
Old No.785, New No.158,
Anna Salai, Chennai – 600 002.
2. State of Tamilnadu,
Represented by Sub-Inspector of Police,
CBCID, Theni District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 1st respondent to condier the
application of the petitioner seeking issuance of passport bearing Application
No.MA51C5059035923 dated 03.07.2023 and issue passport in favour of the
petitioner.
For Petitioner : Mr.Abhinav Parthasarathy
For Respondents : Mr.R.Siddharth (R1)
Central Government Counsel
Mr.R.Kishore Kumar (R2)
Government Advocate
1
https://www.mhc.tn.gov.in/judis
W.P.No.2149 of 2024
ORDER
Mr.R.Siddharth, learned Central Government Counsel accepts notice for
R1/the Regional Passport Officer, Chennai and Mr.R.Kishore Kumar, learned
Government Advocate accepts notice for R2/Sub-Inspector of Police, Theni. They
are armed with instructions to enable final disposal of this Writ Petition, even at
the stage of admission. Hence, by consent, the following order is passed.
2. The petitioner, a student, has sought a mandamus directing the Regional
Passport Officer/R1 to consider his application for issuance of passport bearing
Application No.MA51C5059035923 dated 03.07.2023.
3. The petitioner has been involved in a criminal case and was arrested for
impersonation in the Neet examination. He has obtained bail in Cr.M.P.No.617 of
2020 on 24.02.2020. The petitioner presently pursues B.Tech (Food Technology)
from Tamil Nadu Agricultural University in the fourth year. The withhold of the
passport application till date is on account of the pendency of the criminal charges.
4. Mr.Siddharth, learned Central Government Standing counsel for R1 and
Mr.Kishore Kumar, learned Government Advocate for R2 confirm that no charge
sheet has been filed till date.
5. Be that as it may, the settled position of law is that no application for
issuance of passport/re-issue of passport be withheld/rejected merely on the
https://www.mhc.tn.gov.in/judis
ground of pendency of a criminal case (See the judgment of the Hon'ble Supreme
Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation
(Criminal Appeal No.1342 of 2017 dated 27.09.2021), orders passed by the First
Bench of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih
and another (W.A.No.902 of 2023 dated 02.06.2023) and of the writ court in
Suresh V. Regional Passport Officer (W.P.No.30019 of 2023 order dated
17.11.2023) and Nedumaran Palaniappan V. Regional Passport Officer
(W.P.No.28448 of 2023 order dated 24.11.2023).
6. In light of the aforesaid, the delay/inaction on the part of R1 to proceed
with the processing of the passport application of the petitioner is clearly
erroneous and misconceived. In light of the aforesaid discussion and the judicial
precedents, mandamus is issued directing R1 to consider the application of the
petitioner, hear the petitioner, if necessary, and pass orders in accordance with law
within a period of four (4) weeks from today.
7. This Writ Petition is disposed in the aforesaid terms. No costs.
31.01.2024
sl
Index : Yes / No
Speaking Order:Yes
Neutral Citation:Yes
https://www.mhc.tn.gov.in/judis
To
1 The Regional Passport Officer,
Regional Passport Office,
Chennai Royala Towers,
No.2 and 3, IV Floor,
Old No.785, New No.158,
Anna Salai, Chennai – 600 002.
2. State of Tamilnadu,
Represented by Sub-Inspector of Police,
CBCID, Theni District.
https://www.mhc.tn.gov.in/judis
Dr.ANITA SUMANTH,J.
vs
01.02.2024
https://www.mhc.tn.gov.in/judis
