Madras High Court
Mohamed Iliyas vs The Regional Passport Officer on 19 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 44372 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 44372 of 2025
AND WMP NO. 49512 OF 2025
Mohamed Iliyas
Petitioner(s)
Vs
1. The Regional Passport Officer
Tiruchirapalli,
New Municipal Complex,
Thillainagar 7th Cross, Tiruchirapalli
Tamil Nadu 620 018
2.The State Represented by
The Special Sub Inspector of Police,
Keevalur Police Station,
Nagapattinam District 611104.
Respondent(s)
PRAYER; Petition filed under Article 226 of the Constitution of India, for
issuance of Writs of certiorarified Mandamus calling for record, the impugned
File Closure Notification dated 6.07.2023 vide Ref .No. FCI/ 315204625/ 23
and quash the same as illegal and contrary to the judgment of the Honble
Madurai bench of Madras High court in Arumugam Vs. The Regional passport
officer vide W.A (MD) 301 of 2018 and consequently direct the 1st respondent
to issue passport to the petitioner within the time stipulated by this Honble
court.
For Petitioner(s): Mr.I. Abdul Basith
For Respondent: Mr.Sugadev Rajaguru,CGSC R1
Mr.S.Balaji, GA (Crl. Side) R2
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WP No. 44372 of 2025
ORDER
This petition has been filed seeking to quash the impugned File Closure
Notification dated 6.07.2023 vide Ref .No. FCI/ 315204625/ 23 and quash the
same as illegal and contrary to the judgment of the Honble Madurai bench of
Madras High court in Arumugam Vs. The Regional passport officer vide W.A
(MD) 301 of 2018 and consequently direct the 1st respondent to issue passport
to the petitioner.
2. It is the case of the petitioner that the petitioner made application for
issuance of passport on 16.12.2021. On 06.01.2022 the first respondent issue a
show cause notice stating that the first respondent issued a show cause notice
stating that the applicant is involved in a case in Cr.No.298/2017 of 2023 on
the file of the second respondent'' and seeking explanation. Subsequently, the
application is closed. Hence, the petitioner has filed the present writ petition
challenging the said impugned show cause notice dated 06.07.2023.
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
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travel abroad, he has to get necessary permission from the Court, where the
criminal case is pending.
4. The learned counsel for the first 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.
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
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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
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 first
respondent is set aside and the first 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
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is pending or from this Court, if no case as yet has been filed, by
filing appropriate application.”
10. With the above observations and directions, the writ petition is
allowed. No costs. Consequently, connected miscellaneous petition is closed.
19-11-2025
rli
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.The Regional Passport Officer
Tiruchirapalli, New Municipal
Complex, Thillainagar 7th Cross,
Tiruchirapalli Tamil Nadu 620 018
2.The State Represented By
The Special Sub Inspector Of Police,
Keevalur Police Station, Nagapattinam
District 611104
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M.DHANDAPANI J.
rli
19-11-2025
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