Ashok Jayendar v. Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NOs. 26752 and 26753 OF 2021

1. Ashok Jayendar S/o.Arumugam Palanisamy, Door No.159, 8th Street, Ganapathy Pudur, Coimbatore (North), Coimbatore.

Petitioner(s) Vs

1. Government of India Ministry of External Affairs, New Delhi.

2.The Regional Passport Officer O/o. The Regional Passport Office (Coimbatore), Coimbatore 1st Floor, Corporation Commercial Complex, Opp. Dandumari Amman Kovil, Avinashi Road, Coimbatore- 18.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of

writ of Certiorari to call for the records relating to the letter dated 15.11.2021 in Letter Ref. No. SCN / 311747619 / 21 of the 2nd Respondent herein and quash the same and pass orders.

For Petitioner(s):

M/s. Sa.Kanmani For Respondent(s):

Mr.K.Subbu Ranga Bharathi Central Government Counsel for Mr.P.R.Ramesh Senior Panel counsel for R1 and R2

ORDER

This writ petition has been filed challenging the communication dated 15.11.2021 of the 2 nd respondent wherein the passport that was issued to the petitioner was sought to be cancelled and the petitioner was directed to surrender the passport on the ground that an FIR is pending in Crime No.602 of 2018.

2.

Heard Mr.Sa.Kanmani, learned counsel for the petitioner and Mr.K.Subbu Ranga Bharathi, learned Central Government Counsel, for Mr.P.R.Ramesh, learned Senior Panel counsel for Respondents 1 and 2. 3.

In the considered view of this Court, the mere registration of an FIR cannot be constructed as a case pending and the law on this issue is now too well settled. Hence, the very issuance of the notice by the 2 nd respondent is

unsustainable and such a notice has been issued mainly on the ground that an FIR is pending in Crime No.602 of 2018 and the investigation has been completed and the final report has not been taken on file. 4.

In the light of the above discussion, the impugned communication of the 2 nd respondent dated 15.11.2021 is hereby quashed and this writ petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed.

10-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Government of India Ministry of External Affairs, New Delhi.

2.The Regional Passport Officer O/o. The Regional Passport Office (Coimbatore), Coimbatore 1st Floor, Corporation Commercial Complex, Opp. Dandumari Amman Kovil, Avinashi Road, Coimbatore- 18.

N.ANAND VENKATESH J.

rka WMP NO. 26752 OF 2021,WMP NO. 26753 OF 2021 10-06-2025