Madras High Court

K.Thameem Ansari vs The Regional Passport Officer on 9 May, 2025

                                                                                          W.P.No.17397 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 09.05.2025
                                                             CORAM
                                  THE HONOURABLE Mr.JUSTICE G. ARUL MURUGAN

                                                  W.P.No.17397 of 2025


                K.Thameem Ansari                                                        .. Petitioner

                                                                 Vs.

                1.The Regional Passport Officer
                Regional Passport Office
                Rayala Towers
                No.2 and 3, IV Floor
                Old No.785, 158, Anna Salai
                Triplicane, Chennai 600 002

                2.The Inspector of Police
                H, R.K.Nagar Police Station
                Ennore High Road
                RK Nagar, Gopal Nagar
                Old Washermanpet
                Chennai 600 021                                                         .. Respondents

                          Writ Petition filed under Article 226 of the Constitution of India, praying
                for issuance of a writ of mandamus directing the 1st respondent to consider the
                petitioner's application vide File No.MA2077335041125 dated 23.01.2025 and to
                issue passport to the petitioner in accordance with law within the time stipulated
                by this Hon'ble Court.



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                                                                                         W.P.No.17397 of 2025


                                  For Petitioner            : Mr.T.Balaji
                                  For 1st Respondent : Ms.A.Anuradha
                                                       Standing Counsel
                                  For 2nd Respondent : Mr.S.Balaji
                                                       Government Advocate (Crl. Side)


                                                            ORDER

This writ petition is filed seeking a direction to the 1st respondent to

consider the petitioner's application dated 23.01.2025 seeking issuance of a fresh

passport in File No.MA2077335041125.

2. It is the contention of the petitioner that he was issued with a passport in

No.S4015752, which is valid up to 27.08.2028 and the said passport earlier issued

to him since got damaged, he has applied for issuance of a fresh passport on

21.03.2025. However, while the verification was conducted, in view of the

pendency of a criminal case on the file of the 2 nd respondent in Crime No.1662 of

2015, the application of the petitioner was not entertained.

3. The learned counsel for the petitioner contends that the pendency of the

criminal case will not be a bar for issuance of a passport.

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4. The learned Standing Counsel appearing for the 1st respondent submitted

that already this issue has been considered by a Division Bench of this Court in

W.A.No.902 of 2023, wherein, a direction has been issued to consider the renewal

application of passport without insisting on the permission from the Court where

the case is pending and in the light of the same, similar order could be passed.

5. Heard the rival submissions and considered the materials available on

record.

6. It is not in dispute that already the petitioner is issued with a passport

which is valid up to 27.08.2028. Only since the passport got damaged, the

petitioner has filed an application on 21.03.2025 seeking reissuance of passport.

However, citing pendency of the registration of a criminal case in Crime No.1662

of 2015 on the file of the 2nd respondent, the petitioner's application has not been

entertained. Similar issue has already been considered by a Division Bench of this

Court in W.A.No.902 of 2023 and by judgment dated 02.06.2023, the Hon'ble

Division Bench passed the following order :

“7.In the light of the above, we pass the following order:

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i. The writ appellant shall process the application of the 1st respondent for renewal of passport without insisting for permission of the Court, where a criminal case is pending against the 1st respondent. If the 1st respondent is travelling abroad, then the 1st respondent would be required to seek permission from the Court where the criminal case is pending.