R.Veerakumar v. The Regional Passport Officer

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH R.Veerakumar Petitioner(s) Vs

1. The Regional Passport Officer Government of India, Ministry of External Affairs, Regional Passport Office, Coimbatore 2.The Inspector Of Police Palladam Police Station, Palladam, Tiruppur District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to forthwith return the passport No.W8/122775 of the petitioner to the petitioner.

2/6 For Petitioner(s):

K.Selvaraj For Respondent(s):

Mr.A.Prakash Central Government Standing Counsel for R1 Mr.V.Meganathan Government Advocate for R2

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to return back the passport that was already issued to the petitioner.

2.Heard Mr.K.Selvaraj, learned counsel appearing on behalf of the petitioner Mr.A.Prakash, learned Central Government Standing Counsel appearing on behalf of the 1st respondent and Mr.V.Meganathan, learned Government Advocate appearing on behalf of the 2nd respondent. 3.The petitioner submitted his application for fresh passport on 04.01.2023 and he was issued with the passport by the 1st respondent.

3/6 Subsequently, an adverse police report was received stating that there is a case pending in Crime No.344 of 2022, which is under investigation by the 2nd respondent. Therefore, a Show Cause Notice was issued to the petitioner on the ground that the petitioner concealed the pendency of the criminal case. The petitioner was asked to surrender the passport and accordingly, the petitioner has also surrendered the passport.

4.It is mentioned in the counter affidavit filed by the 1st respondent that an enquiry was conducted with the help of the police authority and report was received to the effect that an FIR was registered in Crime No.129 of 2017 by Avinashapalayam Police Station which was referred as mistake of fact. Yet another FIR came to be registered in Crime No.1872 of 2010 by the Kangeyam Police Station and the case ended in acquittal. The third FIR was registered against the petitioner in Crime No.344 of 2022 and on completion of investigation, the police report was filed and it was not taken on file.

4/6 5.In the considered view of this Court, registration of the FIR and the police report not being taken on file by the concerned Court, will not be a ground to retain the passport which was already issued to the petitioner. Hence, there shall be a direction to the 1st respondent to return back the passport to the petitioner forthwith. The permission from the Court will arise only if the petitioner wants to go out of the country at which point of time, he has to necessarily seek for permission.

6.This writ petition is disposed of with the above directions. No Costs. 21-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Regional Passport Officer Government of India, Ministry of External Affairs, Regional Passport Office, Coimbatore 2.The Inspector Of Police Palladam Police Station, Palladam, Tiruppur District

6/6 N.ANAND VENKATESH J.

ssr 21-07-2025