Madras High Court
Sultan Allawudeen vs The Regional Passport Officer on 8 January, 2024
Author: Anita Sumanth
Bench: Anita Sumanth
2024:MHC:5663
W.P.No.19 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.19 of 2024
Sultan Allawudeen
.... Petitioner
Vs
1. The Regional Passport Officer,
Regional Passport office,
Royala Towers, IV Floor,
Old No.785, New No.158,
Anna Salai, Chennai – 600 002.
2. The Inspector of Police,
E-2 Royapettah Police Station,
Chennai.
.... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 1 st Respondent to renew the
petitioner's passport based on the representation dated 30.10.2023 in accordance
with law within the stipulated time limit.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.19 of 2024
For Petitioner : Mr.G.Gautam
For Respondents : Mr.R.Subramanian
Additional Central Government Standing Counsel – R1
Mr.R.Kishore Kumar
Government Advocate - R2
ORDER
Mr.R.Subramanian, learned Additional Central Government Standing
Counsel accepts notice for the first respondent/Regional Passport Officer and
Mr.R.Kishore Kumar, learned Government Advocate accepts notice for
R2/Inspector of Police, E2 Royapettah Police Station, Chennai and both are
armed with instructions to enable final disposal of this Writ Petition, even at the
stage of admission.
2. The petitioner is holding passport bearing No.G6600268 with a validity
of 10 years, i.e., till 11.12.2017. He had applied for re-issuance of the same in
2020, which application came to be rejected on account of the pendency of a
criminal case in C.C.No.5311 of 2017 before the XVIII Metropolitan Magistrate,
Saidapet, Chennai. The petitioner states that he had been acquitted in the matter
on 16.12.2022. Anticipating that, he had sought re-issuance of passport yet
again on 13.10.2022.
3. The petitioner had been asked to appear for an enquiry in connection
with this allegation. The petitioner had received notices dated 12.12.2022 and
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09.03.2023 from R1 asking him to appear before the Passport Seva Kendra
(PSK) Saligramam.
4. In these notices, R1 states categorically that certain documents are
awaited from the petitioner and that he had been intimated about the documents
to be supplied in the course of the petitioner's visit to the PSK, Saligramam on
04.01.2023.
5. Learned counsel for the petitioner would also accede to the position that
the petitioner had, indeed, visited the PSK, Saligramam on 13.10.2022 and
04.01.2023, where he was intimated about the delay in receipt of documents to
be produced by him.
6. In respect of the pendency of FIR in Crime No.82 of 2017 pending
before E2 Royapettah Police Station, the petitioner avers that he has made a
copy application before Metropolitan Magistrate, Saidapet to procure a copy of
the FIR in Crime No.82 of 2017 and has been intimated that no charge sheet has
been filed till date in that matter.
7. It is in these circumstances, that he seeks a mandamus directing R1 to
renew his passport based on his representation dated 30.10.2023.
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8. Having heard learned counsel, I am of the categoric view that
mandamus as sought for cannot be issued. It is for the petitioner to appear in
response to the several notices that are being issued by R1 and put forth his case.
9. The petitioner is granted liberty to appear before the first respondent on
any working day between 10.01.2024 and 12.01.2024 at 10.30 a.m. without
expecting any further notice in this regard in response to the communication
received from the first respondent.
10. After hearing the petitioner and considering his explanation and
representation, the respondent will take a call on his application for re-issue of
passport as well as contained in his representation dated 30.10.2023, in light of
the settled position of law that mere pendency of a criminal case against the
applicant shall not stand as a bar for issuance/re-issuance of passport.
11. Reference may be made in this regard to the judgment in Vangala
Kasturi Rangacharyulu v. Central Bureau of Investigation (Criminal Appeal
No.1342 of 2017 dated 27.09.2021), as well as orders passed in the cases of
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). This exercise shall be
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completed within a period of two weeks from date of receipt of a copy of this
order, in accordance with law.
12. This writ petition is disposed in terms of this order. No costs.
08.01.2024
Index : Yes/No
Speaking Order:Yes
Neutral Citation:Yes
sl
Note: Registry is directed to upload this order today.
To
1. The Regional Passport Officer,
Regional Passport office,
Royala Towers, IV Floor,
Old No.785, New No.158,
Anna Salai, Chennai – 600 002.
2. The Inspector of Police,
E-2 Royapettah Police Station,
Chennai.
https://www.mhc.tn.gov.in/judis
DR.ANITA SUMANTH, J.
sl
08.01.2024
https://www.mhc.tn.gov.in/judis
