Madras High Court
Mohammed Kassim vs The Union Of India on 16 September, 2025
Author: P.T.Asha
Bench: P.T.Asha
W.P.(MD)No.25149 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.09.2025
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA
W.P.(MD).No.25149 of 2025
Mohammed Kassim
Represented by his wife,
Rowzan Fathima ... Petitioner
Vs.
1. The Union of India
Represented by its Principal Secretary,
Ministry of External Affair,
Central Secretariat,
New Delhi.
2. The Embassy of India,
Abu Dhabi,
United Arab Emirates.
3. The Consulate General of India,
Al Hamriya,
Diplomatic Enclave,
PO Box 737, Dubai,
United Arab Emirates.
4. BLS International Services,
Indian Passport and Visa Service Centre,
Dubai,
United Arab Emirates.
5. The Regional Passport Officer,
The Regional Passport Office,
1/7
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W.P.(MD)No.25149 of 2025
Madurai.
6. The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents'
No.2 and 5 to issue a re-issued (renewed) passport to my husband by name
MOHAMMED KASSIM, S/o. Sahul Hameed, in pursuance to his passport
application vide Reference No.25-2003023840 dated 13.06.2025
submitted through the 4th respondent, with the validity of ten years
forthwith.
For Petitioner : Mr.R.Anand
For R1 & R5 : Mr.P.Murugan
Central Government Standing Counsel
ORDER
This writ petition has been filed seeking issuance of a Writ of
Mandamus directing the respondents' No.2 and 5 to re-issue the passport
to my husband by name MOHAMMED KASSIM, S/o. Sahul Hameed, in
pursuance to his passport application vide Reference No.25-2003023840
dated 13.06.2025 submitted through the 4th respondent, with the validity
of ten years forthwith.
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2. Mr.P.Murugesan, learned Central Government Standing Counsel,
takes notice for the respondents 1 and 5. By consent, this writ petition is
taken up for final disposal at the time of admission itself.
3. The facts on record indicate that the petitioner was the holder of a
passport bearing No.N1811152, valid from 30.07.2015 to 29.07.2025.
4. It is the case of the petitioner's husband that, after the expiry of
his passport, he applied for its re-issuance on 13.06.2025. However, the
same has been rejected on the sole ground that the petitioner was involved
in Crime No.311 of 2014 for offences under Sections 148, 294(b), 324,
506(ii) of IPC, Section 3(1)(r), 3(1)(s) and 3(2) (Va) of SC/ST (POA)
amended Ordinance. Aggrieved by the same, the petitioner has come
before this Court.
5. The learned Central Government Standing Counsel appearing for
the respondents 1 and 5 confirms that the petitioner has been arrayed as an
accused in the above said case.
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6. A Division Bench of this Court, in the case of The Regional
Passport Officer, Chennai vs. Samsudeen Mohamed Salih and another
(W.A. No.902 of 2023, dated 02.06.2023), following a Division Bench
judgment of the Bombay High Court, in the case of Abbas Hatimbhai
Kagalwala vs. State of Maharastra and another, reported in 2022
SCC OnLine Bom 1992, held that the pendency of a criminal case will
not be an impediment for the passport authorities to consider an
application for renewal of passport. The Bench went on to hold that where
a criminal case is pending against an applicant and he wishes to travel
abroad, he shall do so after obtaining permission from the concerned Court
where the criminal proceedings are pending. Consequently, the
respondents 2 and 5 are directed to act upon the passport application
submitted by the petitioner's husband and re-issue the passport in the
petitioner's husband name, within a period of three (3) weeks from the
date of receipt of a copy of this order.
7. In case, the petitioner's husband wishes to travel abroad, he shall
obtain necessary permission from the concerned Court. Further, if he is
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required to be present before the Court for evidence or when the Court
requires him to be present, he shall appear before Court. This is on
account of the fact that the petitioner's husband is abroad.
8. This writ petition stands allowed with the above observations and
directions. No costs.
16.09.2025
NCC :yes/No
Index :yes/No
Internet:yes/No
rgm
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To
1. The Union of India
Represented by its Principal Secretary,
Ministry of External Affair,
Central Secretariat,
New Delhi.
2. The Embassy of India,
Abu Dhabi,
United Arab Emirates.
3. The Consulate General of India,
Al Hamriya,
Diplomatic Enclave,
PO Box 737, Dubai,
United Arab Emirates.
4. BLS International Services,
Indian Passport and Visa Service Centre,
Dubai,
United Arab Emirates.
5. The Regional Passport Officer,
The Regional Passport Office,
Madurai.
6. The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District.
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P.T.ASHA, J.
Rgm
16.09.2025
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