Madras High Court
Ramesh Duraisamy vs Foreigners Regional Registration ... on 19 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 44258 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 44258 of 2025
Ramesh Duraisamy
Petitioner(s)
Vs
1. Foreigners Regional Registration Office,
No. 26,Haddows Road,
Shastri Bhavan Annexe,
Nungambakkam, Chennai -600006.
2.Regional Passport office,
Tiruchirapalli, New Municipal Complex,
Thillainagar 7th Cross, Tiruchirapalli -620018.
3.The Inspector of Police,
Mangalamedu Police Station,
Perambalur District.
Respondent(s)
PRAYER; Petition filed under Article 226 of the Constitution of India, for
issuance of Writs of Certiorarified Mandamus Calling for the records of the 2nd
respondent in his proceedings vide Letter Reference No. OBJ/21071867/25
dated 08.03.2025 and quash the same and consequently direct the 2nd
respondent to re-issue the passport to the petitioner within a time frame fixed by
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WP No. 44258 of 2025
this Honble court.
For Petitioner(s): Mr.G.Ilamurugu
For Respondent: Mr.K.K.Muralitharan, CGC
RR1 & 2
Mr.S.Balaji, GA (Crl side)
R3
ORDER
This petition has been filed seeking to quash the impugned order .....the
2nd respondent in his proceedings vide Letter Reference No. OBJ/21071867/25
dated 08.03.2025 and quash the same and consequently direct the 2nd
respondent to re-issue the passport to the petitioner within a time frame fixed by
this Honble court.
2. It is the case of the petitioner that the petitioner made application for
renewal of passport on 10.01.2025. On 30.09.2025 the second respondent issue
a show cause notice stating that the second respondent had received an adverse
police verification report stating that the applicant is involved in a case in
Cr.No.93 of 2023 on the file of the third respondent'' . 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 writ petition
challenging the said impugned show cause notice dated 08.03.2025.
3. The learned counsel for the petitioner submitted that the issue involved
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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 respondents 1 & 2 has not objected the
submissions made by the learned counsel for the petitioner.
5. Heard both sides and perused the materials available on record.
6. 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.
7. 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
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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
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.''
8. 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
second respondent is set aside and the second respondent is directed
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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
appropriate application.”
9. With the above observations and directions, the writ petition is
allowed. No costs.
19-11-2025
Rli
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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M.DHANDAPANI J.
rli
To
1.Foreigners Regional Registration Office,
No. 26,Haddows Road, Shastri Bhavan
Annexe, Nungambakkam,
Chennai -600006.
2.Regional Passport Office,
Tiruchirapalli, New Municipal
Complex, Thillainagar 7th Cross,
Tiruchirapalli -620018.
3.The Inspector Of Police,
Mangalamedu Police Station,
Perambalur District.
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19-11-2025
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 05:07:11 pm )
