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

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

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to approach the Principal District Court, Ramanathapuram for appropriate relief in accordance with the Office Memorandum dated 10.10.2019 for suitable orders to the first respondent to process his passport application; writ petition dismissed with no costs and connected W.M.Ps.(MD) Nos.13010 & 13014 of 2025 closed.

Issue for consideration

Whether the petitioner's challenge to the impugned notice/order of the first respondent (Regional Passport Officer) relating to his passport application can be countenanced in view of the criminal case pending against him (Accused No.6 in S.C.No.179 of 2024, arising from FIR in Crime No.153 of 2007). +1 more

Court's answer

Since the petitioner is an accused (Accused No.6) in S.C.No.179 of 2024 for offences under Sections 13(1)&(2) of the UAPA 1967 and allied provisions, the challenge to the impugned notice cannot be countenanced pursuant to the FIR registered in Crime No.153 of 2007.

Ratio / Principle

It is open to the petitioner to approach the Principal District Court, Ramanathapuram for appropriate relief in accordance with the Office Memorandum dated 10.10.2019, seeking appropriate/suitable orders for the first respondent to process his passport application.

Key takeaways

The Writ Petition is dismissed with the above liberty, with no costs; consequently, the connected miscellaneous petitions are closed.ratio¶27

Detailed headnote1 paragraphs

Writ Petition (Certiorarified Mandamus) under Article 226 of the Constitution of India — Petitioner challenged the impugned proceedings of the first respondent/Regional Passport Officer, Madurai in File No. MD1075085424625 dated 27.05.2025 and Letter Ref. No. SCN/1049305889/25 dated 09.06.2025 concerning his passport application — Petitioner is Accused No.6 in S.C.No.179 of 2024 (offences under Sections 13(1)&(2) of the Unlawful Activities (Prevention) Act, 1967; 3(a) r/w 6(a) of the Passport (Entry into India) Rule, 1950; Section 14 of the Foreigners Act, 1946 @ Section 10(a)(iv) of the Unlawful Activities (Preventions) Amendment Act, 2004 r/w 120(B) of IPC) arising from Crime No.153 of 2007, pending before the Principal District Court, Ramanathapuram — Held: in view of the pending criminal case, the challenge to the impugned notice cannot be countenanced — However, liberty granted to the petitioner to approach the Principal District Court, Ramanathapuram for appropriate relief in accordance with the Office Memorandum dated 10.10.2019 for suitable orders to the first respondent to process his passport application — Writ Petition dismissed with the above liberty; no costs; connected miscellaneous petitions closed.

W.P.(MD) No. 17147 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.(MD) No. 17147 of 2025 and W.M.P.(MD) Nos.13010 & 13014 of 2025

S.Balasingam ... Petitioner

Vs

The Regional Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

State of Tamil Nadu, Rep. by the Inspector of Police, Uchipuli Police Station, Ramanathapuram District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the first respondent vide proceedings in File No. MD1075085424625, dated 27.05.2025, Letter Ref. No. SCN/1049305889/25, dated 09.06.2025 and quash the same as illegal and consequently, direct the first

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W.P.(MD) No. 17147 of 2025

respondent to issue a passport to the petitioner in File No. MD1075085424625, dated 27.05.2025, within a period as stipulated by this Court.

For petitioner : Mr.K.Ramanathan

For respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2

ORDER

This Writ Petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner, learned Deputy Solicitor General of India for the first respondent and learned Government Advocate (Crl.Side) for the second respondent.

The petitioner is an accused No.6 in S.C.No.179 of 2024, for the offences under Sections 13(1)&(2) of the Unlawful Activities (Prevention) Act, 1967, 3(a) r/w 6(a) of the Passport (Entry into India) Rule, 1950 and Section 14 of Foreigners Act, 1946 @ Section 10(a)(iv) of the Unlawful Activities (Preventions) Amendment Act, 2004 r/w 120(B) of IPC in Crime No.153 of 2007, pending before the Principal District Court, Ramanathapuram. Therefore, the

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W.P.(MD) No. 17147 of 2025

challenge to the impugned notice cannot be countenanced, pursuant to the FIR registered in Crime No.153 of 2007.

However, it is open to the petitioner to approach the Principal District Court, Ramanathapuram for appropriate relief in accordance with the Office Memorandum, dated 10.10.2019, for appropriate/suitable orders for the first respondent to process the petitioner's passport application.

This Writ Petition is dismissed, with the above liberty. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 25.06.2025 Internet : Yes / No apd To 1. The Regional Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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W.P.(MD) No. 17147 of 2025

C.SARAVANAN, J.

apd

W.P.(MD) No. 17147 of 2025

25.06.2025

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