IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. No.49869 of 2025 SARAVANAN Petitioner Vs

1. The Regional Passport Office Royal Tower, Nos.2 & 3, 4^th Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

2.The Inspector Of Police Kandili Police Station, Respondents Tirupattur District.

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of certiorarified mandamus calling for the entire records pertaining to the Impugned order passed by the 1^st respondent vide his Letter Ref.No.SCN/ 314108915/23 dated 16.01.2023 and quash the same and consequently direct the respondent to issue passport vide his file No.MA51C5098625122 dated 12.12.2022 to the petitioner.

For petitioner : Mr. E. Kannadasan For respondents : Mr.U. M. Shankaar Central Govt. Standing Counsel Mr.S. Balaji Govt. Advocate (Crl. Side) for R2

ORDER

This petition has been filed seeking to call for the entire records pertaining to the impugned order passed by the 1^st respondent vide his Letter Ref.No.SCN/ 314108915/23 dated 16.01.2023 and quash the same and consequently direct the 1^st respondent to issue passport to the petitioner, by considering his file dated 12.12.2022 in No.MA51C5098625122.

2. It is stated that the petitioner has made an application before the 1^st respondent for issuance of passport on 12.12.2022. On 16.01.2023, the 1^st respondent issued a show cause notice stating that the applicant is involved in criminal cases and sought an explanation. It is further stated that due to unavoidable circumstances, the petitioner was unable to appear before 1^st respondent and once again he applied for issuance of passport on 20.06.2024 and paid charges vide File No.MASB03171610.

3. It is the case of the petitioner that out of five criminal cases, proceedings in four cases were quashed by this Court and only one case is pending before the Special Court for SC/ST cases, Vellore District. Further, it is the grievance of the petitioner that due to non-issuance of Passport, he was unable to accompany with his son, who is pursuing higher education at Russia. Hence, the petitioner has filed the present writ petition challenging the said impugned show cause notice dated 16.01.2023.

4. The learned counsel for the petitioner submitted that the issue involved in the present writ petition is no longer res integra and the similar issue has already been decided by the Hon'ble First Bench of this Court in WA. No.902/2023 dated 02.06.2023 wherein this Court held that mere pendency of the criminal case is not a bar for renewal of the passport. If the person wants to travel abroad, he has to get necessary permission from the Court, where the criminal case is pending. Hence, he prayed for allowing of this writ petition by quashing the impugned order dated 16.01.2023 issued by the 1^st respondent.

5. Acceding to the said submission, Mr.U.M. Shankaar, learned Standing Central Government Standing Counsel appearing for the 1^st respondent, submitted that appropriate directions may be issued by this Court.

6. The learned Government Advocate for the 2^nd respondent submitted that there is no heinous offence as against the petitioner.

7. Heard the learned counsel on either side and perused the materials available on record.

8. Considering the fact that the petitioner has made an application for issuance of passport and the same is kept pending without any progress. In this background, the learned counsel for the petitioner relied upon the decision rendered by the Hon'ble First Bench of this Court in WA.902 of 2023 dated

02.06.2023.

9. This Court perused the judgment passed by this Court and the relevant paragraphs are extracted herein;

''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 judgment of the Apex Court in the case