Madras High Court
Periyasamy Chinnappa vs The Ministry Of External Affairs on 20 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 44995 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 44995 of 2025
Periyasamy Chinnappa
S/o.Chinnappa,
No. 38/39, South Street,
Periyanagalur,
Ariyalur District - 621 704
Petitioner(s)
Vs
1. The Ministry of External Affairs,
South Block, New Delhi - 110 011
2.The Regional Passport Officer
Regional Passport Officer,
Thiruchirapalli, Municipal Complex,
Thillainagar 7th Cross,
Thiruchirapalli District - 620 018.
3.The Inspector of Police
Kairlabath Police Station,
Ariyalur District.
Respondent(s)
PRAYER
This Writ Petition is filed under Article 226 of the Constitution of India, seeking
for a Writ of Mandamus, declaring the inaction on the part of the 1 st and 2nd
respondents in refusing to renewal of the petitioner’s passport bearing
No. N5737969 is illegal and arbitrary and consequently direct the 1st and 2nd
respondents to renewal of the above mentioned passport to the petitioner.
For Petitioner(s): Mr.G.Ranganathan
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WP No. 44995 of 2025
For Respondent(s): Mr.G.Subramanian,
for R1 and R2
Mr.S.Balaji,
Government Advocate (Crl. Side)
for R3
ORDER
This writ petition has been filed seeking for a direction to the respondents
1 and 2 to renew of the passport of the petitioner bearing No. N5737969.
2. It is the case of the petitioner that the petitioner made application for
renewal of passport on 12.08.2025. On 08.09.2025 the second respondent issued
a show cause notice stating that the second respondent had received an adverse
police verification report stating that the applicant is involved in two cases in
Crime Nos.442/2021 and 84/2023 for the alleged offence under Section 379 IPC
and Section 21(1) and 21(2) of Mines & Minerals (Development & Regulation)
Act, 1957 pending before the third respondent police. 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 to issue a
direction to the respondents 1 and 2 to renew the petitioner's passport within a
time frame fixed by this Court.
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
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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 and 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 renewal
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
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party, has followed the judgment of the Apex Court in the
case of Vangala Kasturi Rangacharyulu, supra and
directed the respond 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
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month.''
8. In the present case, it is the specific case of the petitioner that two FIR’s
have been registered against the petitioner and it has not resulted in the Court
taking cognizance of the offence. In such view of the matter, complying the ratio
laid down by the Hon’ble First Bench of this Court in W.A.No.902 of 2023, this
Court passes the following order:
''(i) The second 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 and a decision shall be taken as
above, within a period of four weeks from the date of receipt
of a copy of this order.
(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.
20-11-2025
Tsg
Index:Yes/No
Speaking/Non-speaking order
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Internet:Yes
Neutral Citation:Yes/No
To
1. The Ministry of External Affairs,
South Block, New Delhi - 110 011
2.The Regional Passport Officer
Regional Passport Officer,
Thiruchirapalli, Municipal Complex,
Thillainagar 7th Cross,
Thiruchirapalli District - 620 018.
3.The Inspector of Police
Kairlabath Police Station,
Ariyalur District.
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M.DHANDAPANI J.
Tsg
20-11-2025
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