Madras High Court
Jamaldeen Vajeebdheen vs The State Of Tamil Nadu on 17 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 43951 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 43951 of 2025
ANDWMP NO. 49053 OF 2025
Jamaldeen Vajeebdheen
Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep By its Secretary to Government,
Home Department, Fort St. George,
Chennai 600 009
2.The Inspector of Police
V. Kalathur Polcie Station,
Perambalur District
3.The Regional Passport Officer
The Regional Passport Office,
Thiruchirapalli,
New Municipal Complex,
Thillai Nagar, 7th Cross
Thiruchirapalli 620 018
Respondent(s)
PRAYER; This writ petition is filed under Article 226 of Constitution of India,
to issue a Writ of certiorarified Mandamus, order of the 3rd Respondent in
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WP No. 43951 of 2025
Letter REf. No OBJ / 1051905029 / 25 dated 31.10.2025 quash the same and
consequently direct the 3rd respondent to issue passport to the petitioner in
accordance with law.
For Petitioner(s): Mr.T. Dharani
For Respondent: Mr.M.Rajendiran, AGP R1
Mr.S.Balaji, GA (Crl. Side) R2
Mr.D.Baskar R3
ORDER
This petition has been filed seeking to quash the impugned order of the
3rd Respondent in Letter REf. No OBJ / 1051905029 / 25 dated 31.10.2025
quash the same and consequently direct the 3rd respondent to issue passport to
the petitioner in accordance with law.
2. It is the case of the petitioner that the petitioner made application for
renewal of passport. On 31.10.2025 the third respondent issue a show cause
notice stating that the third respondent had received an adverse police
verification report stating that the applicant is involved in a case in Cr.No.174
of 2023 on the file of the second respondent and charge sheet was filed till date''
Therefore, the petitioner's application is kept pending without any progress and
no final report has been passed so far. Hence, the petitioner has filed the present
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writ petition challenging the said impugned show cause notice dated
31.10.2025.
3. The learned counsel for the petitioner submitted that the issue involved
in the present Writ petition is no longer res integra and the similar issue has
already been decided by the Hon'ble First Bench of this Court in WA.
No.902/2023 dated 02.06.2023 wherein this Court held that mere pendency of
the criminal case is not a bar for renewal of the passport. If the person wants to
travel abroad, he has to get necessary permission from the Court, where the
criminal case is pending.
4. The learned counsel for the third respondent has not objected the
submissions made by the learned counsel for the petitioner.
5. The learned Government Advocate for the second respondent
submitted that there is no heinous office as against the petitioner.
6. Heard both sides and perused the materials available on record.
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7. Considering the fact that the petitioner has made application for
issuance of passport and the same is kept pending without any progress. In this
background, the learned counsel for the petitioner relied upon the decision
rendered by the Hon'ble First Bench of this Court in WA.902 of 2023 dated
02.06.2023.
8. This Court perused the judgment passed by this Court and the relevant
paragraphs are extracted herein;
''5. A Division Bench of the Bombay High
Court, in the case of Abbas Hatimbhai Kagalwala v.
State of Maharashtra and another, 2022 SCC OnLine
Bom 1992, to which one of us (S.V.Gangapurwala, CJ.)
was a party, has followed the judgment of the Apex Court
in the case of Vangala Kasturi Rangacharyulu, supra
and directed the respondent therein to process the
application of the petitioner for renewal of the passport.
6. The contention of learned counsel for the
appellant that the first respondent cannot travel abroad
without the permission of the Court where the criminal
case is pending, would not be an impediment for the
passport authority to consider the application for renewal
of the passport. No doubt, if the first respondent has to
travel abroad and the criminal case is pending, then
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unless the Magistrate or the Sessions Court where the
criminal case is pending permits the first respondent to
travel abroad, he cannot travel abroad.
7. In the light of the above, we pass the
following order:
(i) The writ appellant shall process the
application of the first respondent for renewal of passport
without insisting for permission of the Court, where a
criminal case is pending against the first respondent. If
the first respondent is travelling abroad, then the first
respondent would be required to seek permission from
the Court where the criminal case is pending.
(ii) Decision shall be taken as above, within
one month.''
9. Since the present issue is also one and the similar, therefore, following
the said Judgment of this Court, the following orders are passed:
''(i) The impugned show cause notice issued by the third
respondent is set aside and the third respondent is directed to process
the application of the petitioner without insisting the permission of
the Court, as there is no criminal case pending against the petitioner
before any Court.
(ii) If the petitioner wants to travel abroad, the petitioner would
be required to seek permission from the Court where the case is
pending or from this Court, if no case as yet has been filed, by filing
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appropriate application.”
10. With the above observations and directions, the writ petition is
allowed. No costs. Consequently, connected miscellaneous petition is closed.
17-11-2025
rli
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.The State Of Tamil Nadu
Rep By Its Secretary To Government,
Home Department, Fort St. George,
Chennai 600 009
2.The Inspector Of Police
V. Kalathur Polcie Station, Perambalur
District
3.The Regional Passport Officer
The Regional Passport Office,
Thiruchirapalli, New Municipal
Complex, Thillai Nagar, 7th Cross
Thiruchirapalli 620 018
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M.DHANDAPANI J.
rli
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17-11-2025
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