W.P.(MD)No.8807 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025 CORAM: THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.8807 of 2025 Murugesan ... Petitioner -vs- 1.The Regional Passport Officer, Regional Passport Office, New Trichy Municipal Office Building, Thillai Nagar 7th Cross, Trichy - 620018. 2.The Inspector of Police, Pallathur Police Station, Sivagangai District. 3.The Inspector of Police, Chettinadu Police Station, Sivagangai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to renew the petitioner's Passport in Passport No.P0417932 in reference to the reopening of petitioner Application No.TR2075091719923, dated 17.02.2023, pending on the file of the first respondent Authorities, by considering the petitioner's representation dated 10.0.2025. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8807 of 2025 For Petitioner : Mr.E.Balasubramanian For R1 : Mr.I.Sekar Central Government Standing Counsel For R2 and R3 : Mr.K.Gnanasekaran Government Advocate (Criminal side) ORDER Heard both sides. 2. The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed. 3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents 2 and 3 submitted that a criminal case has been registered against the petitioner in Crime No.48 of 2019 for the offence under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, on the file of the third respondent and the same has culminated in laying a charge sheet in Spl.C.C.No.1 of 2020 before the Principal District Court, Sivagangai. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8807 of 2025 4. In view of the above said submissions, the petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake, if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny the relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by executing a special Vakalat. 5. Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer, who shall dispose of the petition- mentioned application in terms of the said order. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8807 of 2025 6. This Writ Petition is disposed of accordingly. There shall be no order as to costs. NCC : Yes / No 01.04.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, New Trichy Municipal Office Building, Thillai Nagar 7th Cross, Trichy - 620018. 2.The Inspector of Police, Pallathur Police Station, Sivagangai District. 3.The Inspector of Police, Chettinadu Police Station, Sivagangai District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8807 of 2025 VIVEK KUMAR SINGH , J. smn2 W.P.(MD)No.8807 of 2025 01.04.2025 ____________ https://www.mhc.tn.gov.in/judis