Madras High CourtWP/14819/2025disposed of

R.Santhakumar Ramadass v. The Regional Passport Officer

2025-04-24Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.14819 of 2025 Mr.R.Santhakumar Ramadass, S/o Ramdass, No.16, Dwaraka Nilayan, Vivek Garden, Hosur, Krishnagiri 635 109.

.. Petitioner /versus/ 1.The Regional Passport Officer, Chennai Royal Towers, No.293, IV Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

2.The Inspector of Police, Hosur, Town Police Station, Hosur, Krishnagiri District.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner representation dated 26.03.2025 and issue the passport vide petitioner Application No.MA51C5003193123 within the time framed fixed by its Court.

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For Petitioner :Mr.P.G.Kugan For Respondents :Mr.R.Sidharth, CGC for R1 Dr.C.E.Pratap, GA(Crl.Side)for R2

ORDER

The prayer in the writ petition is to consider the petitioner's representation 26.03.2025 and issue passport vide the petitioner's application No.MA51C5003193123.

2. Upon hearing the learned counsels on either side, it can be seen that upon receipt of an adverse police report, the petitioner's application is not considered. It is now represented that First Information Report is pending against the petitioner in Crime No.125 of 2015 on the file of the Hosur Town Police Station. Since this Court in Arumugam vs. Regional Passport Officer (W.A.MD.No.301 of 2018), has already held that the first information report cannot be taken as a criminal case with reference to the Passport Act and the Government of India has also issued guidelines thereof. Mere pendency of the same need not be held against the petitioner. This writ petition is disposed of on the following terms:

(i)Dehors the pendency of the First Information Report, the first respondent shall consider the application of the petitioner and issue a passport 2/4

to the petitioner, if he is otherwise eligible. (ii)The said exercise shall be carried out within a period of 8 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of this order. No costs.

24.04.2025 ari To 1.The Regional Passport Officer, Chennai Royal Towers, No.293, IV Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

2.The Inspector of Police, Hosur, Town Police Station, Hosur, Krishnagiri District.

3.The Central Government Counsel, High Court, Madras. 4.The Government Advocate (Crl.Side), High Court, Madras. 3/4

D.BHARATHA CHAKRAVARTHY, J.

ari 24.04.2025 4/4