Sivakumar Vs The Regional Passport Officer

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1^st respondent to consider the petitioner's passport renewal application in online application File No.TR1077098712724 dated 07.11.2024 within time frame as fixed by this Court.

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For Petitioner : Mr.V.Vijayendiran

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For Respondents : Mr.P.M.Vishnuvarthanan (for R1) Mr.S.PRakash (for R2 to R4) Government Advocate (Crl.side)

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

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W.P(MD)No.24780 of 2025

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ORDER

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This writ petition has been filed directing the 1^st respondent to consider the petitioner's passport renewal application in online application File No.TR1077098712724 dated 07.11.2024.

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Heard Mr.V.Vijayendiran, learned counsel for the petitioner and Mr.P.M.Vishnuvarthanan, learned counsel, who takes notice for the first respondent and Mr.S.Prakash, learned Government Advocate [Crl side], who takes notice for the respondents 2.

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It is the contention of the petitioner that his application for reissuance of passport has not been acted by the first respondent on the ground of adverse report received from the second respondent.

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The learned Government Advocate (Crl.side), on instructions, would submit that the petitioner has involved in criminal case in Crime No.33 of 2016 for the offence under Sections 294(b), 323 and 506(2) of IPC pending on the file of the second respondent.

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

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W.P(MD)No.24780 of 2025

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In the considered view of this Court, the law on this issue is now too

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well settled. As per the decision of the Division Bench of this Court in The Regional Passport Officer, Chennai vs. Samsudeen Mohamed Salih and another (W.A. No.902 of 2023 dated 02.06.2023) , there can be no impediment to direct the first respondent to act upon the passport application of the petitioner. Hence, there shall be a direction to the first respondent to process the application of the petitioner and re~issue the passport in the name of the petitioner within a period of one month from the date of receipt of a copy of this order, if the petitioner satisfies all the other requirements. If the petitioner wants to go abroad, the petitioner has to necessarily seek for the permission from the Court where the criminal case is pending.

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