Madras High Court
Silambarasan vs The Regional Passport Officer on 5 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 41223 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 41223 of 2025
SILAMBARASAN
S/o.Chinnadurai, 2/193 South Street,
Nochikulam village and post, Alathur
Taluk, Perambalur District - 621713.
Petitioner(s)
Vs
1. The Regional Passport Officer
Regional Passport Office,
New Municipal Complex,
Thillainagar 7th Cross,
Tiruchirappalli,
Tamil Nadu 620 018.
2.The Superintendent of Police
Office of the Superintendent Of Police,
Perambalur.
3.The Inspector Of Police
Kunnam Police Station, Perambalur.
Respondent(s)
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WP No. 41223 of 2025
PRAYER
This Writ Petition has been filed under Article 226 of the Constitution of India,
seeking for a Writ of Mandamus directing the 1st respondent herein to issue a
normal valid passport to the petitioner, contemplated under the Passport Rules,
1980 pursuant to the petitioner's application No. 251001379251.
For Petitioner(s): Mr.R.Rajasekar
For Respondent(s): Mr.J.Rajesh for R1
Mr.S.Balaji,
Government Advocate (Crl.Side)
for R2
ORDER
This Writ Petition has been filed seeking for a direction to the first
respondent herein to issue a normal valid passport to the petitioner,
contemplated under the Passport Rules, 1980 pursuant to the petitioner's
application No. 251001379251.
2.The case of the petitioner is that the petitioner applied for a fresh
normal passport with the 1st respondent in application No.251001379251.
However, the first respondent has kept the application pending without issuing
the passport to the petitioner stating that a criminal case is pending against the
petitioner before the third respondent in Crime No.409 of 2024 for the offences
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under Section 303(2) of BNS, 21(1) of Mines and Minerals Act and Section
181(4) of the Motor Vehicles Act and further, the first respondent has directed
the petitioner to apply for passport after the completion of the criminal
proceedings pending before the third respondent.
3.Thereafter, the petitioner has made a representation on 01.09.2025 to
the first respondent stating that in the FIR pending before the third respondent,
no charges were framed against the petitioner and there is no other criminal
proceedings pending against the petitioner before any criminal courts in India.
However, the first respondent is yet to consider the application of the petitioner
in application no.251001379251 and issue passport to the petitioner. Hence, the
present Writ Petition.
4.The learned counsel for the petitioner would submit that mere pendency
of FIR cannot be a basis for denial of passport to the petitioner. In support of his
contention he relied on a Judgment of this Court in W.Jaihar William Vs. State
of Tamil Nadu reported in (2014) 8 MLJ 61, wherein, this Court has held that
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refusing to issue a valid passport by stating the pendency of FIR is totally
illegal. Hence, he prayed that a direction be issued to the first respondent to
issue passport to the petitioner, by considering the petitioner's application.
5.The learned counsel for the first respondent would submit that the
application of the petitioner in application no.251001379251 would be
considered within a time frame as fixed by this Court.
6.Heard the learned counsel for the petitioner and the learned counsel for
the respondent and perused the materials available on record.
7.Considering the facts and circumstances of the case, the first respondent
is now directed to consider the application of the petitioner in application
no.251001379251 and pass appropriate orders, within a period of four (4) weeks
from the date of receipt of a copy of this order, after giving an opportunity of
hearing to the petitioner.
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8.The Writ Petition is disposed of accordingly. No costs.
05-11-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1. The Regional Passport Officer
Regional Passport Office,
New Municipal Complex,
Thillainagar 7th Cross,
Tiruchirappalli,
Tamil Nadu 620 018.
2.The Superintendent of Police
Office of the Superintendent Of Police,
Perambalur.
3.The Inspector Of Police
Kunnam Police Station, Perambalur.
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M.DHANDAPANI J.
Tsg
05-11-2025
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