T.Jeevanantham v. The Regional Passport Officer

O R D E R The present writ petition has been filed seeking a Mandamus to direct the first respondent to renew the passport of the writ petitioner with retrospective effect with effect from 05.07.2025 based upon the application made by the petitioner.

¶2The petitioner's passport had expired on 05.07.2025. The petitioner is permanently residing in Dubai. The petitioner has been implicated in a criminal case in Spl.S.C.No.30 of 2024 on the file of the PCR Court, Madurai. In view of the fact that the petitioner is residing at Dubai, he had not appeared before the trial Court and Non-Bailable Warrant is pending as against the petitioner.

¶3In the light of the above said facts, the petitioner has approached before this Court seeking a direction as against the first respondent for renewal of passport with retrospective effect.

¶4The learned Central Government Standing Counsel appearing for the first respondent submits that since the passport of the petitioner has already expired, the petitioner can approach the Indian Embassy in Dubai and he can get Emergency Certificate from the Indian Embassy for landing in India. On his landing he should surrender before the concerned Court for recalling of the Non-Bailable Warrant.

¶5The learned Central Government Standing Counsel for the first respondent also relied upon the decision of this Court in Crl.O.P.No.19910 of 2023, dated 12.09.2023, wherein orders have been passed in similar circumstances.

¶6Heard both sides and perused the materials available on record.

¶7The facts narrated above will clearly indicate that Non-Bailable Warrant is pending as against the petitioner and the petitioner is in Dubai and the passport has also expired. In the order of our High Court in Crl.O.P.No. 19910 of 2023 in paragraph No.9 it is held as follows: "11. His return to India shall be ensured, if the petitioner surrender before the Indian Embassy, Dubai with all his available travel documents and identity. If he seek for Emergency Certificate to travel back to India, the Indian Embassy shall verify the credentials of the petitioner and issue Emergency Certificate for the petitioner to land at Chennai Airport. The travel programme of the petitioner shall be intimated in advance to the respondent/ CBI, so that, CBI can secure him immediately on landing in India. The CBI shall produce the petitioner before the concerned Judge, who has issued the NBW. The petitioner is at liberty to move petition for bail and if any, such bail petition is filed, the trial Court shall consider it on merits and pass appropriate orders. On return of India, the petitioner shall report before the trial Court daily and shall not fail to attend the hearing dates".

¶8In view of the above said facts, this Court is inclined to pass the following order:

(a). The petitioner is directed to approach the Indian Embassy in Dubai and get the Emergency Certificate as per the Indian Rules to travel back to India;

(b) Before travelling back to India, the petitioner has to inform the second respondent police;

(c) On his landing in India, he should surrender before the PCR Court, Madurai and seek recall of Non-Bailable Warrant. In case, if any such application is filed before the trial Court, the trial Court is directed to pass appropriate orders;

(d) The petitioner shall report before the trial court and if he is at liberty to seek permission of the Court to go abroad. In case, if the trial court grants permission to the petitioner to go abroad, the first respondent is directed to consider the request of the petitioner for renewal of passport.

¶9With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

10.12.2025 NCC : Yes/No

Index : Yes / No Internet : Yes / No ebsi To

1.The Regional Passport officer, Regional Passport Office, Madurai.

¶2The Inspector of Police, Keelavalavu Police Station, Madurai District.

¶3The Judge, PCR Court, Madurai. R.VIJAYAKUMAR,J. ebsi W.P(MD)No.32773 of 2025

10.12.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.32773 of 2025 T.Jeevanantham ...Petitioner Vs 1.The Regional Passport officer, Regional Passport Office, Madurai. 2. State of Tamil Nadu, Represented by The Inspector of Police, Keelavalavu Police Station, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's application for renewal of his passport bearing number M6181651 with retrospective effect from 05.07.2025 based on his application representation bearing BLS International Services ref No. 25-2002666130. For Petitioner : Mr.R.Murugan For R1 : Mr.R.Senthilkumar Central Government Standing Counsel For R2 : Mr.S.Prakash Government Advocate (Crl side)