Disposed¶27

Mohamed Jameer Ansari v. The Regional Passport Officer

Writ of Mandamus – Passport

Madras HC8 Aug 2025WP(MD)/21684/2025

Download

Case brief

AI extract

What is this about?

Passport issuance delayed due to adverse police report; W.P(MD)No.21684 of 2025; Madras High Court, Madurai Bench; Justice C.Saravanan; mandamus under Article 226; Regional Passport Officer, Madurai; Crime No.706 of 2024; Sections 189(2), 285, 293 BNS Act; charge sheet not taken on file; four-week direction; conditional surrender of passport; liberty to cancel passport.

What did the court decide?

Mandamus issued - first respondent directed to process the passport application and issue the passport preferably within four weeks, subject to the condition that the petitioner surrender the passport if the charge sheet is taken on file, failing which the passport may be cancelled. ¶27

Mohamed Jameer Ansari Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether a writ of mandamus can be issued directing the Regional Passport Officer to process the petitioner's passport application and issue the passport, notwithstanding the adverse police report relating to Crime No.706 of 2024.

¶18

Court's answer

Since the charge sheet has not been taken on file and no criminal case is pending, there can be no impediment in directing the first respondent to process the petitioner's passport application.

¶24

Ratio / Principle

The first respondent is directed to process the passport application and issue the passport as expeditiously as possible, preferably within four weeks from the date of receipt of a copy of the order.

¶25

Key takeaways

Conditional direction: if the charge sheet filed against the petitioner is taken on file, the petitioner shall voluntarily surrender the passport before the concerned court and retrieve the same as and when he proposes to travel abroad by filing an appropriate application.ratio¶26
On failure to comply with the surrender condition, the first respondent is at liberty to cancel the passport.ratio¶26

Detailed headnote1 paragraphs

Writ of Mandamus - Passport - Adverse police report relating to Crime No.706 of 2024 for offences under Sections 189(2), 285, 293 of the BNS Act - Charge sheet filed before the Judicial Magistrate, Nanguneri, Tirunelveli District on 27.06.2025 but not taken on file, hence no criminal case pending as on date - Held, no impediment in directing the Regional Passport Officer to process the petitioner's passport application and issue the passport, preferably within four weeks - Direction made subject to condition that if the charge sheet is taken on file, the petitioner shall voluntarily surrender the passport before the concerned court and retrieve it when travelling abroad by filing an appropriate application - On failure, Passport Authority at liberty to cancel the passport - Writ petition disposed of, no costs.

¶1

W.P(MD)No.21684 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 08.08.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

W.P(MD)No.21684 of 2025

¶7

Mohamed Jameer Ansari ... Petitioner

¶8

Vs.

¶9

1.The Regional Passport Officer, Regional Passport Office, Madurai.

¶10

2.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

¶11

...Respondents

¶12

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue Passport to the Petitioner by considering his passport application in Application No.MD2065246364425 dated 26.06.2025.

¶13

For Petitioner : Mr.K.Navaneetharaja For R1 : M/s.J.Padmavathi Devi Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

¶14

1/5

¶15

https://www.mhc.tn.gov.in/judis

¶16

W.P(MD)No.21684 of 2025

¶17

ORDER

¶18

This writ petition has been filed for a Mandamus to direct the first respondent to issue Passport to the petitioner by considering his passport application in Application No.MD2065246364425 dated 26.06.2025.

¶19

The petitioner has submitted a passport application on 20.06.2025. In response to which, the petitioner received a communication dated 21.07.2025, wherein the petitioner was called upon to provide suitable explanation/application regarding an adverse police report received pertaining to the petitioner's involvement in Crime No.706 of 2024 for offences under Sections 189(2), 285, 293 of the BNS Act.

¶20

The learned Government Advocate for the second respondent submits that a charge sheet was made ready on 08.11.2024 and filed on 27.06.2025 before the Judicial Magistrate, Nanguneri, Tirunelveli District. It is submitted that a charge sheet has not been taken on file and therefore, there is no criminal case is pending as on date.

¶21

2/5

¶22

https://www.mhc.tn.gov.in/judis

¶23

W.P(MD)No.21684 of 2025

¶24

Considering the same, there can be no impediment in directing the first respondent to process the petitioner's passport application.

¶25

Accordingly, the first respondent is directed to process the passport application of the petitioner and issue passport to the petitioner as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order.

¶26

It is also made clear that in case charge sheet filed against the petitioner is taken on file, the petitioner shall voluntarily surrender the passport before the concerned court and retrieve the same as and when the petitioner proposes to travel abroad by filing appropriate application. If the petitioner fails to comply with this condition, the first respondent is at liberty to cancel the passport.

¶27

7.The writ petition stands disposed of. No costs.

¶28

08.08.2025

¶29

NCC : Yes / No Index : Yes / No Internet : Yes / No sn

¶30

3/5

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.P(MD)No.21684 of 2025