K.Veerapandian Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

K.Veerapandian Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned order (Letter Ref No.SCN/320284717/24 dated 17.12.2024) of the Regional Passport Officer, Madurai quashed as un-sustainable; first respondent directed to renew the petitioner's passport; writ petition allowed with no costs. By the 26.06.2025 'mention' amendment, a line was inserted at the end of Paragraph 7 directing that the renewed passport be sent directly to the case file in S.T.C.No.1424 of 2024 (Judicial Magistrate Court No. II, Virudhunagar), retrievable for travel abroad only on an application furnishing adequate security, to be disposed of on merits; the Registry was directed to carry out the insertion and issue a fresh copy of the order.

Issue for consideration

Whether mere pendency of a criminal case against an applicant is a valid ground for the passport authority to decline renewal of his passport. +2 more

Court's answer

Having considered the submissions, the judge is of the view that the impugned order declining renewal of the petitioner's passport on account of pending criminal proceedings is un-sustainable.

Ratio / Principle

The impugned order is quashed and the first respondent is directed to renew the passport of the petitioner.

Key takeaways

Paragraph No.7 of the order dated 04.06.2025 was supplemented on 'mention' (26.06.2025), after perusing the MEA Office Memorandum dated 10.10.2019: the renewed passport shall be sent directly to the case file in S.T.C.No.1424 of 2024 (JMFC No. II, Virudhunagar); retrieval for foreign travel only upon an appropriate application furnishing adequate security, to be disposed of on merits.ratio¶¶10

Detailed headnote1 paragraphs

Single-judge order of the Madurai Bench, Madras High Court (Justice C. Saravanan), W.P.(MD) No.15066 of 2025 — K.Veerapandian v. (1) The Regional Passport Officer, Madurai; (2) The Sub Inspector of Police, Soolakkarai P.S., Virudhunagar District. Filed under Article 226 for a Writ of Certiorarified Mandamus against Letter Ref No.SCN/320284717/24 dated 17.12.2024, by which the first respondent declined renewal of the petitioner's passport citing pendency of Crime No.173 of 2023 (recited as registered under Section 337 IPC, with the petitioner arrayed as second accused for an offence under Section 327 IPC), pending as STC.No.1424 of 2024 before the Judicial Magistrate Court No.II, Virudhunagar; the petitioner's earlier involvements (Crime Nos.319 of 2019 and 119 of 2021) had ended in acquittal and quashing under Section 482 CrPC, as conceded by the State. Relying on the Division Bench decision in W.A.No. 902 of 2023 (The Regional Passport Officer, Chennai v. Samsudeen Mohamed Salih and another, dated 02.06.2023), the court found the refusal un-sustainable, quashed the impugned order and directed renewal; the writ petition was allowed without costs (04.06.2025). On 'mention' (26.06.2025), with reference to MEA O.M. File No.VI/401/1/5/2019 dated 10.10.2019, Paragraph 7 was supplemented: the renewed passport shall be sent directly to the STC.No.1424 of 2024 case file, retrievable for foreign travel only against an application furnishing adequate security, to be disposed of on merits. Counsel: Ms.P.Jessi Jeeva Priya (petitioner); Mr.K.Manikandan, Central Government Standing Counsel (R1); Mr.K.Sanjai Gandhi, Government Advocate (Crl.side) (R2).

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter Ref No.SCN/320284717/24 dated 17.12.2024 issued by the first respondent (Regional Passport Officer, Madurai) declining renewal of the petitioner's passport owing to pendency of a criminal case (Crime No.173 of 2023, pending as STC.No.1424 of 2024).¶¶41
First respondent — the Regional Passport Officer, Madurai · 17.12.2024
Prior proceeding
Renewal was declined on the ground of pendency of a criminal case: Crime No.173 of 2023 registered under Section 337 IPC, pending as STC.No.1424 of 2024 before the Judicial Magistrate Court No.II, Virudhunagar.¶¶43
Prior proceeding
Government Advocate for the second respondent noted the petitioner had also been an accused in Crime Nos.319 of 2019 and 119 of 2021.¶¶44
Prior proceeding
The same counsel fairly conceded that in those matters the petitioner had been acquitted and the complaint had been quashed by this Court under Section 482 of the Code of Criminal Procedure (final word 'Procedure.' completes on the next source line).¶¶44
Prior proceeding
In Crime No.173 of 2023 the petitioner is arrayed as second accused for the offence under Section 327 IPC; a charge sheet has been framed.¶¶50
Prior proceeding
The trial case was directed to be listed on 09.06.2025 for appearance of the accused.¶¶50
Prior proceeding
Counsel for the first respondent noted the petitioner had not filed a copy of the order passed in STC.No.1424 of 2024; petitioner's counsel replied that the case remained pending before the Judicial Magistrate Court No.II, Virudhunagar.¶¶51
Prior proceeding
Office Memorandum in File No.VI/401/1/5/2019 issued by the Ministry of External Affairs, PSP Division, dated 10.10.2019 (steps prescribed for issuance of passports to applicants with pending criminal proceedings) was perused at the 26.06.2025 'mention' stage, leading to insertion of a line at the end of Paragraph No.7 of the order dated 04.06.2025.¶¶6
Prior proceeding
The case was relisted under the caption 'for being mentioned' at the instance of the learned Central Government Standing Counsel appearing for the first respondent.¶¶4