2025:MHC:2801 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W .P.N o . 2 787 of 2024 K.Venkatesh ... Petitioner Vs.

1.Regional Passport Officer, Regional Passport Office, Royala Towers 2 & 3, 4th Floor, New No.158, Anna Salai, Chennai – 600 002.

2.The Commissioner of Police, Type V, Qtr No.5/1, HVF Estate, Bhaktavatsala Puram, Avadi, Chennai – 600 054.

3.The Inspector of Police, M4 Police Station, No.1, 172A, GNT Road, Red Hills, Chennai – 600 052.

4.The Superintendent of Police, District Police Office, YSR District, Kadappa, Andhra Pradesh – 516 002.

5.The Superintendent of Police, Tirupathi Urban SP Office, Tirupathi, Chittoor, Andhra Pradesh – 517 501.

6.The Director General of Police, Andhra Pradesh. ... Respondents [R6 impleaded as per order dated 28.04.2025 in W.P.No.2787 of 2024]

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent for re- issuance of the petitioner’s passport bearing No.G4396107 herein to allow and permit him to travel abroad in exercise of his fundamental right to travel by permanently removing all travel restrictions whatsoever, with immediate effect, in the light of the representation dated 04.01.2024.

For Petitioner : Mr.G.Mohanakrishnan for Mr.D.S.Rajasekar For R1 : Mrs.P.J.Anitha Central Government Standing Counsel For R2 and R3 : Mr.L.Baskaran Government Advocate For R5 : Mr.Rajendran Raghavan For R4 and R6 : No appearance

O R D E R

The petitioner seeks for a direction, directing the 1st respondent, for re-issuance of the petitioner’s passport bearing No.G4396107.

2.It is the contention of the petitioner that the petitioner applied for re-issuance of his passport, however, the 1st respondent sent a communication dated 04.10.2013 reporting that certain criminal cases are pending trial against the petitioner before the Courts of law and hence, re- issue of passport cannot be recommended. Subsequently, the 1st respondent, by notice dated 22.03.2016, directed the petitioner to surrender the passport and also to state as why his passport should not be impounded in view of the pendency of the criminal cases as against the petitioner. Thereafter, the petitioner filed a writ petition in W.P.No.14437 of 2020 seeking re-issuance of passport bearing No.M4345988 under ECNR Category. This Court, by order dated 14.11.2022, directed the 1st respondent to consider the application of the petitioner on merits. Accordingly, the petitioner sent a representation to the 1st respondent on 04.01.2024 for re-issuance of his passport for which no reply was given. Hence, the present writ.

3.Detailed status reports have been filed by the respondents 3 and 6 giving the complete particulars of the cases pending as against the petitioner in various Districts in the States of Andhra Pradesh and Tamil Nadu. The same are taken on record. The status report would show that the petitioner is involved in Red Sander Smuggling in the State of Andhra Pradesh in various Districts and thereby, 19 cases are pending in Annamaya District; 5 cases in Tirupathi District; 20 cases in YSR Kadapa District (totally 49 cases) in the State of Andhra Pradesh and 7 cases are pending in the State of Tamil Nadu as against the petitioner.

4.Heard both sides and perused the materials placed on record.

5.At the outset, it is relevant to note that, mere pendency of criminal case(s), is not a bar for processing the application for issuance of passport. This aspect has been clearly held by the First Bench of this Court in the case of The Regional Passport Officer vs. Samsudeen Mohamed Salih and another [W.A.No.902 of 2023, dated 02.06.2023]. The relevant paragraph of the judgment reads as follows:-

“5.A Division Bench of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala v. State of Maharashtra and another, 2022 SCC OnLine Bom 1992, to which one of us (S.V.Gangapurwala, CJ.) was a party, has followed the ju