Mrs. J.Tamilarasi v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Mrs. J.Tamilarasi W/o. Late. Jegadeepan, 2/225D, Pillaiyar Koil Street, Kulithalai, Karur District.
..Petitioner(s) Vs
1. The State Rep.by, The Inspector of Police, Central Crime Branch -II Police Station, Greater Chennai Police, Chennai.
2. The Foreigners Regional Registration Officer, Bureau of Immigration, Chennai International Airport, Chennai.
..Respondent(s) PRAYER : Writ Petition Criminal filed under Article 226 of the Constitution of India, to direct the 1st respondent to return the Passport bearing No.S3521623 confiscated from the petitioner enabling her to pursue her studies in France subject to any conditions imposed by this Hon'ble Court and pass such order or further orders.
For Petitioner(s):
Mr.R.Swarnavel For Respondent(s):
Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) for R1 Ms.Susma, Senior Panel Counsel for R2
ORDER
This writ petition has been filed for a direction, directing the first respondent to return the Passport bearing No.S3521623. The first respondent registered a FIR in Crime No.19 of 2026 for the offences punishable under Sections 12(1)(b), 12(1-A)(a) of the Passports Act, 1967, Sections 420, 468 and 471 of the Indian Penal Code, 1860 alleging that the petitioner suppressed the fact that she is a Srilankan refugee and obtained passport by mentioning her husband's address and obtained fresh Aadhar Card. On the strength of the said passport, she also visited Srilanka on two occasions. On third occasion, she was caught hold and the second respondent lodged a complaint and thereafter, the passport of the petitioner was also confiscated by the second respondent. Now the matter is pending for investigation. While pending investigation, the petitioner filed this writ petition directing the first respondent to return the passport of the petitioner in order to pursue her studies in abroad.
2. The learned counsel for the petitioner would submit that the petitioner's parents are Srilankan refugees and while they were staying in the camp at Kuzhithazhai, Karur District, she was born. Her birth was also registered in the very same address. She also obtained Aadhar Card by showing the very same address in Aadhar Card No.8858 1924 8985. Thereafter, she got married to one
Jagadeepan, who is an Indian National and gave birth two children. Thereafter, her husband died. Thereafter, the petitioner obtained another Aadhar Card in the address of her husband i.e. 3/209/508, Sowpackiya Nagar, 4th Street, Thanakkankulam, Madurai, Tamilnadu. On the strength of the said Aadhar Card, she also obtained passport, as if she is an Indian citizen.
3. The petitioner conveniently applied passport by showing her husband's address by obtaining Aadhar Card. Therefore, the petitioner suppressed the fact that she was born through the Srilankan refugees and by showing her husband's address, obtained Aadhar Card and applied for passport as if she is an Indian National. On the strength of the documents, the second respondent / The Regional Passport Officer, Madurai, issued passport in favour of the petitioner. On the strength of the said passport, she visited abroad on two occasions, on the third occasion she was caught hold by the second respondent and the second respondent lodged a complaint. In pursuant to the registration of the FIR the second respondent rightly confiscated the passport of the petitioner herein. Now the investigation is still pending and pending investigation, the prayer sought for in this writ petition cannot be considered.
4. Accordingly, this Writ Petition Criminal is dismissed. However, the petitioner is at liberty to approach the trial court to seek permission to visit abroad in accordance with law. The first respondent is directed to file a final
report in Crime No.19 of 2026 on the file of the CCB-II, Chennai within a period of eight weeks from the date of receipt of a copy of this order. No costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order MTL To
1. The State Rep.by, The Inspector of Police, Central Crime Branch -II Police Station, Greater Chennai Police, Chennai.
2. The Foreigners Regional Registration Officer, Bureau of Immigration, Chennai International Airport, Chennai.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
MTL 29-06-2026