Disposed¶27

Kathijammal v. The Consular

Madras HC12 Dec 2025WP(MD)/35694/2025

Case brief

AI extract

What is this about?

Keywords: passport reissuance pending FIR; writ of mandamus; Article 226 of the Constitution of India; Kathijammal; Abbaskhan Haider Ali; Consular High Commission of India Brunei Darussalam; File No.BR0075614949725; passport expiry 03.12.2029 pages running out; Cr.No.63 of 2017 Mimisal Police Station Pudukottai; investigation not completed charge sheet not laid; Regional Passport Officer Tiruchirappalli; 2014 (8) MLJ 61 FIR pendency not impediment; W.P.(MD)No.35694 of 2025; Madurai Bench Madras High Court; R.Vijayakumar J.; dated 12.12.2025; disposed of, no costs.

What did the court decide?

Direction issued to the second respondent (the Regional Passport Officer, Tiruchirappalli) to consider the request for reissuance of the petitioner's son's passport and to pass orders within four weeks; writ petition disposed of with no costs.

Kathijammal Vs The Consular — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus can be issued directing Respondent No.1 (the Consular, High Commission of India, Brunei Darussalam) to reissue the passport to the petitioner's son Abbaskhan Haider Ali on his application in File No.BR0075614949725. +1 more

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Court's answer

The second respondent (the Regional Passport Officer, Tiruchirappalli) is directed to consider the request for reissuance of the passport and to pass orders within four weeks from the date of receipt of a copy of this order.

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Ratio / Principle

Proceeding on this Court's earlier holding reported at 2014 (8) MLJ 61 that mere pendency of FIR is not a legal impediment for issuance of passport, the Court treated the pending FIR in Cr.No.63 of 2017 as no bar to the passport reissuance request.

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Detailed headnote1 paragraphs

Madurai Bench of Madras High Court, single judge (Hon'ble Mr. Justice R.Vijayakumar), order dated 12.12.2025 in W.P.(MD)No.35694 of 2025 (writ petition disposed of, no costs). Kathijammal filed a petition under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondent No.1, the Consular, High Commission of India at Bandar Seri Begawan, Brunei Darussalam, to reissue the passport to her son Abbaskhan Haider Ali on his application in File No.BR0075614949725; the existing passport, though valid till 03.12.2029, had run out of pages. The Government Advocate (crl.side) informed the Court that the applicant stood implicated in Crime No.63 of 2017 on the file of the Mimisal Police Station, Pudukottai, with investigation not completed and no charge sheet laid. Relying on this Court's judgment reported at 2014 (8) MLJ 61 holding that mere pendency of FIR is not a legal impediment for issuance of passport, the Court directed the second respondent, the Regional Passport Officer, Tiruchirappalli, to consider the reissuance request and pass orders within four weeks from receipt of a copy of the order.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.12.2025

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.35694 of 2025

Kathijammal

...Petitioner

The Consular, High Commission of India, Lot No.62514, Simpang 336, Jalan Duta, Bandar Seri Begawan, Brunei Darussalam - BC 4115.

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The Regional Passport Officer, The Regional Passport Office, New Municipal Complex, Thillai Nagar 7^th Cross, Tiruchirappalli - 620 018.

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The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai, Pudukkotai District.

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The Inspector of Police, Mimisal Police Station, Pudukkottai District (In Crime No.63 of 2017)

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...Respondents

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1/5

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

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent No.1 to reissue the passport to the petitioner's son namely Abbaskhan Haider Ali based on his application in File No.BR0075614949725.

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For Petitioner : M/s.A.Abdulkabur For Respondents : M/s.S.Poornachandran Central Government Standing Counsel for R2 M/s.M.Aasha Government Advocate(crl.side) for R3 and R4

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ORDER

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The present writ petition has been filed seeking a mandamus directing the first respondent to reissue the passport to the writ petitioner's son, namely, Abbaskhan Haider Ali based upon his application.

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According to the learned counsel appearing for the writ petitioner, though the passport is expiring only on 03.12.2029, since the pages are running out, he would like to seek a fresh passport.

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The learned Government Advocate appearing for the 3^rd and 4^th respondents submits that the petitioner has been implicated in a criminal case in Cr.No.63 of 2017 on the file of the Mimisal Police Station, Pudukottai. So far

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2/5

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

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investigation has not been completed and charge sheet has not been laid.

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This Court in a judgment reported in 2014 (8) MLJ 61 has held that

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mere pendency of FIR is not a legal impediment for issuance of passport.

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Considering the above said facts, the second respondent herein is directed to consider the request for reissuance of the passport and pass orders within a period of four weeks from the date of receipt of a copy of this order.

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