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Madras High CourtWP/4263/2026allowed

Maruthapillai v. The Regional Passport Officer

2026-02-16Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA Maruthapillai S/O.Kaliyamoorthy South street, Oriyur Kamarasavalli (PO) Ariyalur-621715 ..Petitioner(s) Vs

1. The Regional Passport Officer The Regional passport office Tiruchirappalli, New Municipal complex 7th cross Thillainagar Tiruchirappalli.

2. The Inspector of pOlice Thoothur police station Ariyalur District (Crime No.37/2023) ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, to call for the records relating to the 1st respondents in file No.TRI077193904324 dated 8.1.2025 and quash the same and consequently direct the 1st respondent to issue a fresh passport to the petitioner For Petitioner(s):

Mr.V.Illanchezian For Respondent(s):

Mr.L.Baskaran, GA for R2

ORDER

The petitioner has filed the above writ petition seeking a Certiorarified Mandamus, to call for the records relating to the 1st respondents in file No.TRI077193904324 dated 08.01.2025 and quash the same and consequently direct the 1st respondent to issue a fresh passport to the petitioner.

2. It is the case of the petitioner that he applied for renewal of his passport on 09.12.2024 before the office of the first respondent. On receipt of the said application, the first respondent, vide letter dated 08.01.2025, informed the petitioner that an adverse police verification report had been received from Thoothur Police Station, Ariyalur District, in respect of the petitioner in F.I.R. Crime No.37 of 2023.

3. The petitioner would submit that in the year 2019, he got married and blessed with a male child. Thereafter, he went abroad for avocation. During that time, due to some misunderstanding, his wife committed suicide for which, the respondent police registered a case in Crime No.37 of 2023 for the offences under Section 174(3) of Cr.P.C. later altered into Section 306 of IPC. The petitioner was regularly attending the enquiry and he would also submit that, as on date, no charge sheet has been filed and no summons has been served on him. The petitioner thereafter submitted a representation to the first respondent

seeking renewal of his passport. However, no action has been taken on the said representation to date. Therefore, the petitioner is before this Court.

4. Heard the submissions of the counsels and this Court also perused the records.

5. In view of the above, the first respondent is directed to take note of the fact that only an FIR was registered in the year 2023, but no charge sheet has been filed till date, and to consider the petitioner's representation seeking issuance of fresh passport and pass appropriate orders, if all other parameters are found to be in order, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The 1st respondent shall bear in mind the dicta laid down in a recent judgment of the Hon'ble Supreme Court reported as Mahesh Kumar Agarwal Vs Union of India [SLP(Civil) No.17769 of 2025. Accordingly, this writ petition is allowed. No costs. 16-02-2026 Index: Yes/No Speaking/Non-speaking order ssa

P.T.ASHA, J.

ssa To 1.The Regional Passport Officer The Regional passport office Tiruchirappalli, New Municipal complex 7th cross Thillainagar Tiruchirappalli.

2.The Inspector of pOlice Thoothur police station Ariyalur District (Crime No.37/2023) 16-02-2026