Madras High Court
Sulaiman Seettu Nazir Ahamed vs The Regional Passport Officer on 17 June, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.21512 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.21512 of 2025
and
W.M.P.No.24287 of 2025
Sulaiman Seettu Nazir Ahamed
S/o.Nazir Ahamed
Petitioner
Vs
1.The Regional Passport Officer,
Regional Passport Office,
Rayala Towers 2 & 3, IV Floor,
New No.158, Anna Salai,
Chennai - 2.
2.The Inspector of Police,
Villupuram Town Police Station,
Villupuram.
Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus calling for
the records relating to the impugned communication/letter in Letter
Ref.No.SCN/321480361/25 dated 14.05.2025 of the first respondent and
quash the same as illegal and contrary to the judgment of this Court in
Arumugam Vs The Regional Passport Officer in W.A.(MD)No.301 of
2018 and consequently, direct the first respondent to issue passport to the
1/4
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Writ Petition No.21512 of 2025
petitioner vide File MA4064973155925 dated 25.04.2025 within time
frame stipulated by this Court by considering the petitioner's
representation dated 20.05.2025.
For Petitioner : Mr.I.Abdul Basith
For Respondents : Mr.S.Dilliraj,
Central Government Standing Counsel
[R1]
Mr.Leonard Arul Joseph Selvam
Government Advocate [Crl.side] [R2]
*****
ORDER
This writ petition has been filed challenging the impugned
communication received from the first respondent dated 14.05.2025 and
for a consequential direction to the first respondent to deal with the
representation made by the petitioner on 20.05.2025 wherein the
petitioner is seeking for issuance of passport.
2. Heard Mr.I.Abdul Basith, learned counsel for petitioner,
Mr.S.Dilliraj, learned Central Government Standing Counsel appearing
for first respondent and Mr.Leonard Arul Joseph Selvam, learned
Government Advocate [Crl.side] appearing for second respondent.
3. The impugned communication has been issued to the
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Writ Petition No.21512 of 2025
petitioner by the first respondent mainly on the ground that a criminal
case is pending against the petitioner in Crime No.427 of 2024 before the
second respondent and hence, the petitioner has been called upon to
explain regarding the same.
4. Learned Government Advocate appearing on behalf of the
second respondent submitted that the First Information Report was
registered in Crime No.427 of 2024 for offences under Sections 126(2),
189(2) and 293 of BNSS and investigation has been completed and
police report has been filed before the Judicial Magistrate I, Villupuram
and the same is yet to be taken on file.
5. In the considered view of this Court, the police report is yet
to be taken on file by the concerned jurisdictional court and hence, it
cannot be inferred that there is a 'case pending' against the petitioner. In
any case, the Division Bench of this Court in W.A.No.902 of 2023 dated
02.06.2023 [The Regional Passport Officer v. Samsudeen Mohamed
Salih] has held that processing a passport can be done even if a case is
pending and the permission of the Court will arise only if the accused
person wants to go abroad during the pendency of the criminal case.
N.ANAND VENKATESH, J
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Writ Petition No.21512 of 2025
gm
6. In the light of the above discussion, the impugned notice
issued by the first respondent dated 14.05.2025 is quashed and there shall
be a direction to the first respondent to process the application submitted
by the petitioner and issue the passport, if the petitioner satisfies all the
other requirements. This process shall be completed within a period of
four (4) weeks from the date of receipt of a copy of this order.
This writ petition is allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
17.06.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Regional Passport Officer,
Regional Passport Office,
Rayala Towers 2 & 3, IV Floor,
New No.158, Anna Salai, Chennai - 2.
2.The Inspector of Police,
Villupuram Town Police Station,
Villupuram.
Writ Petition No.21512 of 2025
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