T.S.Mani Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

T.S.Mani Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: (i) first respondent to consider the application dehors the pendency of the criminal cases and reissue the passport if the petitioner is otherwise eligible; (ii) exercise to be completed within eight weeks from receipt of a web-copy of the order; (iii) petitioner to take permission in all four cases before the concerned courts before leaving abroad; (iv) no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing the first respondent (Regional Passport Officer) to process the petitioner's application and reissue passport File No.CB1077231917124 dated 20.12.2024. +1 more

Court's answer

The first respondent shall consider the petitioner's application dehors the pendency of the criminal cases and, if the petitioner is otherwise eligible, reissue the passport, completing the exercise within eight weeks from receipt of a web-copy of the order.

Ratio / Principle

Reissue of the passport itself need not be withheld for pendency of criminal cases, as the individual has to seek permission of the court concerned before leaving for abroad (following the Division Bench in The Regional Passport Officer v. Samsudeen Mohamed Salih, W.A.No.902 of 2023, dated 02.06.2023).

Key takeaways

The petitioner shall take permission in all four aforementioned criminal cases before the concerned courts before leaving abroad.ratio¶59

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposed of a writ petition (W.P.No.6324 of 2025) by T.S.Mani seeking a mandamus to the Regional Passport Officer, Coimbatore, to process and reissue his passport (File No.CB1077231917124, dated 20.12.2024), which had not been considered owing to an adverse police report citing four pending criminal trials (Thanjavur P.S. Cr.No.429 of 1994 under the Arms Act, TNPPDL Act, Explosive Substances Act, TADA and IPC; and three Salem City Town P.S. cases under ss.143/269/341 IPC). Following the Division Bench decision in The Regional Passport Officer v. Samsudeen Mohamed Salih, W.A.No.902 of 2023 (dated 02.06.2023), the Court held that reissue of a passport itself need not be withheld for mere pendency of criminal cases, since the individual must seek permission of the court concerned before leaving for abroad. Directions: the Regional Passport Officer to consider the application dehors the pendency of the criminal cases and reissue the passport if the petitioner is otherwise eligible, within eight weeks of receipt of a web-copy of the order; the petitioner to obtain permission in all four cases before the concerned courts before leaving abroad; no order as to costs.

W.P.No.6324 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.6324 of 2025

T.S.Mani

.. Petitioner

Versus

The Regional Passport Officer, Regional Passport Office, Corporation Commercial Complex,

First Floor,

Opp. Thandumariamman Koil, Avinashi Road, Coimbatore - 641 018.

The Deputy Superintendent of Police, Q-Branch, Tiruchirapalli.

The Inspector of Police, Hashthampatti Police Station, Salem. .. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

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pleased to issue a Writ of Mandamus, directing the 1st respondent to process the application of the petitioner and to reissue the passport under File No.CB1077231917124, dated 20.12.2024 (Letter Ref No:SCN/320382277/24) to the petitioner at an earliest.

For Petitioner : Mr.S.Doraiswamy

For Respondents : Mrs.R.Durgarani, Central Government Standing Counsel, for R1 : Dr.C.E.Pratap, Government Advocate (Crl. Side), for RR-2 and 3

ORDER

This Writ Petition is filed for a direction to the first respondent to

process the application of the petitioner and to reissue the passport under File No.CB1077231917124, dated 20.12.2024.

2. When the matter is taken up for hearing, the learned Counsel for the

first respondent would submit that when an adverse Police report was

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W.P.No.6324 of 2025

received, in which, the Criminal Cases are pending against the petitioner, the

same was not considered.

From the counter-affidavit filed on behalf of the respondent Nos.2

and 3 Police, it can be seen that there are four cases that are pending against

the petitioner. All the four cases are pending trial. The following are the

four cases against the petitioner:-

S.No.	Police Station, Crime Number, Offences under Section	Stage of the case
1	Thanjavur P.S., Cr.No.429 of 1994, u/s.25 (1) of Arms Act, Sec 4 of TNPPDL Act, Sec 3 & 4 of Explosive Substances Act, Secs 3, 4, 5 & 6 of TADA, Secs 120(B), 307, 333, 326 & 324 IPC	Pending Trial Principal District & Sessions Judge, Tiruchirappalli. CC No.43/1995, Next Hearing 07.03.2025 for Arguments.
2	Salem City Town P.S., Cr.No.279 of 2021, u/s.143, 269 IPC	Pending Trial JM I Court Salem, STC No.2958/2023 Next Hearing 22.04.25 for Service PendingSummon.
3	Salem CityTown P.S., Cr.No.155 of	PendingTrial

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W.P.No.6324 of 2025

	2021, u/s.143, 269, 341 IPC	JM I Court Salem, CC No.321/2024 Next Hearing 28.05.25 for Issue of Service.
4	Salem City Town P.S.,	Pending Trial
	Cr.No.925 of 2020, u/s.143, 269 IPC	JM I Court Salem, STC No.2948/2023
		Next Hearing 23.04.25
		for Service Pending
		Summon.

The matter is no longer res integra .

A Division Bench of this Court in The Regional Passport Officer

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

02.06.2023, already considered the issue and it has to be held that the reissue

of the passport itself need not be withheld for pendency of the Criminal

Cases as the individual has to seek permission of the Court concerned in

before leaving for abroad.

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

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W.P.No.6324 of 2025

terms:-

(i) The first respondent shall consider the application of the petitioner

dehors the pendency of the Criminal Cases and if the petitioner is otherwise

eligible, reissue the passport;

(ii) The aforesaid exercise shall be completed within a period of eight

weeks from the date of receipt of a web-copy of this order without waiting

for a certified copy of this order;

(iii) The petitioner shall take permission in all the aforementioned four

cases before the concerned Court before leaving abroad;

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

22.04.2025

Neutral Citation : no grs

To

The Regional Passport Officer, Regional Passport Office, Corporation Commercial Complex,

First Floor,

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W.P.No.6324 of 2025

Opp. Thandumariamman Koil, Avinashi Road,

Coimbatore - 641 018.

The Deputy Superintendent of Police, Q-Branch, Tiruchirapalli.

The Inspector of Police, Hashthampatti Police Station, Salem.

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W.P.No.6324 of 2025

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.6324 of 2025

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22.04.2025

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