Puvaneshwari, Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

Puvaneshwari, Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) the petitioner to apply before the appropriate Embassy authorities in Saudi Arabia, who shall grant emergency one-way travel permission to return to India; (ii) within one week of arrival in India, the petitioner to apply to the learned Judicial Magistrate, Vedaranyam for permission to leave abroad, to be considered expeditiously; (iii) with such permission, on a fresh application or representation with a copy of the order, the authorities to reconsider the entire renewal and renew the passport expeditiously; (iv) no order as to costs.

Issue for consideration

Whether respondents 1 and 2 (the passport authorities) should be directed, by writ of mandamus, to consider the passport application bearing reference No.23-2004336940 dated 31.10.2023, notwithstanding the pendency of C.C.No.145 of 2021 arising out of Crime No.1182 of 2020.

Court's answer

Where persons are living abroad for their avocations and their livelihood is in question, the concerned criminal courts will normally not deny permission to travel, and it cannot be said that such a person will permanently flee justice.

Ratio / Principle

Operative direction: the petitioner was to apply before the appropriate Embassy authorities in Saudi Arabia, and those authorities were to grant emergency one-way travel permission for the petitioner to travel back to India.

Key takeaways

Operative direction: upon returning to India, the petitioner was to apply within one week from the date of arrival to the learned Judicial Magistrate, Vedaranyam, for permission to leave abroad, and the Magistrate was to consider the application expeditiously.ratio¶¶48-¶50
Operative direction: with the permission, if any, granted, on a fresh application or a representation along with a copy of the order, the passport authorities were to reconsider the entire renewal and renew the passport on an expeditious basis.ratio¶¶54-¶55

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposed of a writ petition under Article 226 seeking a mandamus to the Regional Passport Officer, Chennai and the Passport Officer, Passport Seva Kendra, Puducherry to consider passport application No.23-2004336940 dated 31.10.2023 (the prayer describes it as the petitioner's husband's application, while the body of the order refers to the petitioner's own application). A criminal case (Crime No.1182 of 2020, Sections 294(b), 352 and 506(2) IPC) was pending as C.C.No.145 of 2021 before the learned Judicial Magistrate, Vedaranyam; the petitioner was living in Saudi Arabia and the passport had expired on 21.10.2023. Referring to the Government of India notification G.S.R.No.570(E) dated 25.08.1993 and following the Division Bench of the Madras High Court in The Regional Passport Officer, Chennai v. Samsudeen Mohamed Salih, W.A.No.902 of 2023 (decided 02.06.2023), the court observed that when persons live abroad for their avocations and their livelihood is in question, criminal courts will normally not deny permission and it cannot be said that they will permanently flee justice. Directions issued: the Embassy authorities in Saudi Arabia to grant emergency one-way travel permission; on return, an application within one week to the Judicial Magistrate, Vedaranyam for permission to leave abroad; and thereafter, with such permission, the passport authorities to reconsider the entire renewal and renew the passport expeditiously. No order as to costs.

W.P.No.17955 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.17955 of 2024

Puvaneshwari

.. Petitioner

Versus

The Regional Passport Officer, Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002,

Tamil Nadu.

The Passport Officer, Passport Seva Kendra, C/o.Animal Husbandry Complex, Maraimalai Adigal Salai, Puducherry.

The State of Tamil Nadu, by the Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

The Secretary,

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Ministry of External Affairs, Patiala House, Thilak Marg, New Delhi - 110 001.

.. Respondents

(R4 Suo Motu impleaded dated 08.07.2024 made in W.P.No.17955 of 2024)

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 1 and 2 herein to consider the petitioner's husband Passport application reference No.23-2004336940, dated 31.10.2023 and within a time frame fixed by this Court.

For Petitioner : M/s.S.Veera Santhi For Respondents : Mr.V.Ashok Kumar, Central Government Standing Counsel for RR-1, 2 and 4 : Dr.C.E.Pratap, Government Advocate (Crl. Side), for R3

ORDER

This Writ Petition is filed with a prayer of Writ of Mandamus

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directing the respondent Nos.1 and 2 to consider the petitioner's passport application with reference No.23-2004336940, dated 31.10.2023 within the time frame as fixed by this Court.

When the matter is taken up for hearing, it is brought to the notice

of this Court that a case was registered against the petitioner's husband in Crime No.1182 of 2020 for the alleged offences under Sections 294(b), 352 and 506(2) of the Indian Penal Code and the case was investigated and now, the matter is pending in C.C.No.145 of 2021 on the file of the learned Judicial Magistrate, Vedaranyam. The Government of India, vide G.S.R.No.570(E), dated 25.08.1993, has held that if any person wants to

depart from India and also with reference to issue of passport etc., that if a case is pending before a Criminal Court, he has to approach the Criminal Court and take a permission and thereafter, he can proceed abroad. The Division Bench of this Court, in The Regional Passport Officer, Chennai

Vs. Samsudeen Mohamed Salih and Anr. , in W.A..No.902 of 2023, dated

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02.06.2023, had an occasion to consider the same and had said that when the

embargo is only for leaving abroad, the renewal of the passport or the issue of the passport need not be withheld for the pendency of the Criminal Case and only at the time of leaving abroad, the petitioner can take appropriate permission and leave. But, in this case, the petitioner is now living in Saudi Arabia. It is also stated that the passport expired with effect from 21.10.2023.

It can be seen that when persons like the petitioner are living in abroad for their avocations, normally, the concerned Criminal Courts will not deny the permission as the petitioner's livelihood is in question and it

cannot be said that the petitioner will permanently flee justice.

In view thereof, this Writ Petition is disposed of on the following

terms:-

(i) The petitioner shall apply before the appropriate Embassy

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authorities in Saudi Arabia and the authorities shall grant emergency one

way travel permission for the petitioner to travel back to India;

(ii) Upon coming back to India, within one week from the date of

arrival in India, the petitioner shall apply to the learned Judicial Magistrate,

Vedaranyam, to take permission for him to leave abroad. The said application shall be considered by the learned Magistrate as expeditiously as

possible;

(iii) Thereafter, with the permission, if any, granted, the petitioner

shall make either a fresh application or make a representation along with

copy of this order and the authorities shall reconsider the entire renewal and

on an expeditious basis, renew the passport of the petitioner;

(iv) There shall be no order as to costs.

18.02.2025

Neutral Citation : no grs

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W.P.No.17955 of 2024

To

The Regional Passport Officer, Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002, Tamil Nadu.

The Passport Officer, Passport Seva Kendra, C/o.Animal Husbandry Complex, Maraimalai Adigal Salai, Puducherry.

The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

The Secretary, Ministry of External Affairs, Patiala House, Thilak Marg, New Delhi - 110 001.

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D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.17955 of 2024

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18.02.2025

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