Rajadurai v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:13.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Rajadurai, M/A 36 years, S/o Thangappa, No.2/163, Paluranpadugal, Mathiravelur, Sirkazhi Taluk, Mayiladuthurai District.

.. Petitioner /versus/ 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirappalli 620 018.

2.The Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issuea Writ of Mandamus to direct the 1st respondent to

reissue a passport to the petitioner by considering his application Reference No.(ARN)24-1009757263, which was submitted on 02.08.2024, within the time limit to be stipulated by this Hon'ble Court. For Petitioner :Mr.K.Dhivyashree For Respondents :Mr.R.Sreedhar, CGC for R1 Dr.C.E.Pratap, GA (Crl.Side) for R2

ORDER

This writ petition is for Mandamus directing the first respondent directing to reissue a passport to the petitioner by considering his application Ref.No.(ARN) 241009757263, which was submitted on 02.08.2024.

2. Upon hearing the learned counsels for the parties and perusing the material records of the case, it is seen that upon receipt of an adverse police report against the petitioner, the application has not been processed. It is seen that the first information report in Crime No.385 of 2023 on the file of the second respondent police is pending against the petitioner. The matter is no longer res integra. The Division Bench of this Court in Arumugamvs

Regional Passport Officer, W.A(MD)No.301 of 2018 has already decided that the first information report cannot be deemed to be a criminal case for the purpose of the Passport Act. The Government of India has also issued guidelines in this regard.

3. In view thereof, if there is no other impediment, the first respondent is directed to consider the application of the petitioner dated 02.08.2024 and reissue the passport, within a period of 4 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

4. With the above direction, this Writ Petition is disposed of. No costs.

13.03.2025 Netural citation:no ari

To:

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirappalli 620 018.

2.The Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District.

D.BHARATHA CHAKRAVARTHY,J.

ari 13.03.2025