Arun v. The Regional Passport Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY ARUN ... Petitioner Vs 1.

THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, NEW MUNICIPAL COMPLEX, THILLAINAGAR 7th CROSS, TIRUCHIRAPPALLI - 620 018.

2.

THE INSPECTOR OF POLICE, THIRUVENGADU POLICE STATION, MAYILADUTHURAI DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first Respondent to issue a passport to the petitioner, by considering his Application No. TR2067230192124 dated 20.12.2024, within the time limit to be stipulated by this Court.

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For Petitioner : Mr.M.Vijaya Ragavan For R1 : Mr.K.Gangadaran Central Government Standing Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

This writ petition is filed for a mandamus directing the first respondent to issue a passport to the petitioner, by considering his application No. TR2067230192124, dated 20.12.2024.

2. Upon considering the material papers filed along with the writ petition, it can be seen that there are two first information reports(FIRs) that are pending against the petitioner. The first respondent has received an adverse police report and therefore, has directed the petitioner to appear and explain the situation. Consequently, the first respondent has not issued the passport. It is at this stage, the petitioner has approached this Court. 2/5

3. The learned Government Advocate (Crl.Side) appearing for the second respondent would submit that both of the said cases are still under investigation and no charge sheet has been filled.

4. In view thereof, the office memorandum dated 10.10.2019 issued by the Government of India applies. The same cannot be taken as pending criminal cases and passport cannot be denied to the petitioner. Therefore, this writ petition is disposed on the following terms:- (i) The petitioner shall submit a letter seeking an appointment with the first respondent by duly enclosing a copy of this order.

(ii) Upon such receipt of the representation, the first respondent shall call the petitioner for the necessary process and complete the process in accordance with law notwithstanding the pendency of the two FIRs against the petitioner.

(iii) The petitioner shall submit the representation within two weeks from the date of 3/5

receipt of the web site uploaded copy of this order without waiting for the certified copy of the order. (iv) The first respondent shall also complete the exercise within eight weeks from the date of production of such representation from the petitioner, along with the web copy, without waiting for the certified copy of this order.

(iv) No costs.

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THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, NEW MUNICIPAL COMPLEX, THILLAINAGAR 7th CROSS, TIRUCHIRAPPALLI - 620 018.

2.

THE INSPECTOR OF POLICE, THIRUVENGADU POLICE STATION, MAYILADUTHURAI DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

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