Madras High Court
Murugan vs The Regional Passport Officer on 8 January, 2024
Author: Anita Sumanth
Bench: Anita Sumanth
2024:MHC:5705
W.P.No.160 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.160 of 2024
Murugan
.... Petitioner
Vs
1. The Regional Passport Officer,
Regional Passport Office,
New Municipal Complex,
Thillai Nagar 7th Cross,
Tiruchirappalli – 620 018.
2. The Inspector of Police,
Anaikaranchathiram Police Station,
Mayiladuthurai 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 renew the
petitioner's Passport bearing No.K7811051, within the time limit to be stipulaed
by this Court.
For Petitioners : Ms.K.Dhivyashree
For Respondents : Mr.R.P.Pragadish (for R1)
Central Government Standing Counsel
Mr.R.Kishore Kumar (for R2)
Government Advocate
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.160 of 2024
ORDER
Mr.R.P.Pragadish, learned Central Government Counsel accepts notice for
R1 and Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) accepts
notice for R2. Both are armed with instructions to enable final disposal of this
matter, even at the stage of admission.
2. The prayer of the petitioner is for mandamus directing R1/The
Regional Passport Officer to renew his passport bearing No.K7811051 within a
fixed time limit. The petitioner had travelled to Qatar and was working there.
After his return, he had applied for renewal of his passport, as the same expired
on 09.05.2023, vide application No.TR01C5080109723.
3. R1 had sent a notice dated 13.09.2023 seeking clarification in regard
to a pending FIR. The petitioner has given a reply on 18.12.2023, wherein he
states that he had been falsely implicated in the criminal case referred to by R1.
Learned counsel for R1, on instructions, confirms receipt of the said reply.
4. In the affidavit filed in support of the Writ Petition, the petitioner has
set out the details of the criminal case at paragraph 3, being Cr.No.164 of 2019
dated 03.07.2019 on the file of the Inspector of Police, Anaikaranchathiram
Police Station, Mayiladuthurai District/R2 for alleged offences under Section
379, 430 of IPC read with 21(1) of Mines and Minerals (Development &
https://www.mhc.tn.gov.in/judis
Regulation) Act. He avers that the matter is still remains at FIR stage and no
charge sheet has been filed. Learned Government Advocate for R2 confirms the
aforesaid position.
5. Having heard learned counsel, I am of the categoric view that
mandamus as sought for cannot be issued. The petitioner is however 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.
6. After hearing the petitioner and considering his explanation, the first
respondent will take a call on his application for re-issue of passport, 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.
7. 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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DR.ANITA SUMANTH, J.
completed within a period of two weeks from date of receipt of a copy of this
order, in accordance with law.
8. 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
To
1. The Regional Passport Officer,
Regional Passport Office,
New Municipal Complex,
Thillai Nagar 7th Cross,
Tiruchirappalli – 620 018.
2. The Inspector of Police,
Anaikaranchathiram Police Station,
Mayiladuthurai District.
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