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Madras High CourtWP/36858/2025disposed of with direction

N.Yuthistran v. The Regional Passport Officer

2025-09-25Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 36858 of 2025 and W.M.P.No.41229 of 2025 N.Yuthistran ... Petitioner Vs

1. The Regional Passport Officer, Regional Passport Office, Chennai - 600 002.

2. The Inspector Of Police, Traffic Investigation Wing, Avadi City, Avadi, Chennai - 600 056.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records culminating in impugned order (File No.MA1084946644925, dated 04.09.2025) issued by the 1st respondent, quash the same, and consequently direct the 1st respondent to issue Police Clearance Certificate (PCC) to the petitioner in respect of Passport No.Y6380775, by disposing the petitioner's application in File No.MA1084946644925, notwithstanding the pendency of FIR in Crime No.481 of 2025, on the file of the 2nd respondent police.

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For Petitioner : Mr.S.Silambarasan Senior Counsel for M/s.J.Arun Kumar For Respondents : Ms.K.Padmapriya Central Government Standing Counsel [R1] Mr.S.Balaji Government Advocate (Crl.Side) [R2] *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records culminating in impugned order (File No.MA1084946644925, dated 04.09.2025) issued by the 1st respondent, quash the same, and consequently direct the 1st respondent to issue Police Clearance Certificate (PCC) to the petitioner in respect of Passport No.Y6380775, by disposing the petitioner's application in File No.MA1084946644925, notwithstanding the pendency of FIR in Crime No.481 of 2025, on the file of the 2nd respondent police.

2. Ms.K.Padmapriya, learned Central Government Standing Counsel, accepts notice on behalf of the 1st respondent and Mr.S.Balaji, learned Government Advocate (Crl.Side), accepts notice on behalf of the Page No.2 of 6

2nd respondent. With the consent of the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner has applied for Australian Skilled Regional (Subclass 491) Visa. The Department of Home Affairs, Government of Australia has issued a request for more information dated 02.09.2025 directing the petitioner to produce a Police Clearance Certificate (PCC) within 28 days to be issued by the 1st respondent. On 04.09.2025, the petitioner applied for PCC before the 1st respondent, however the same was put on hold on the ground that Police Verification Report is not clear and application is under review at Regional Passport Office. Seeking a direction upon the 1st respondent to issue Police Clearance Certificate to the petitioner, the present writ petition has been filed.

4. The learned Senior Counsel for the petitioner submits that an FIR in Crime No.481 of 2025 is pending against the petitioner. However, till date, the charge sheet has not been filed and till date, the matter is under investigation. He also submits that the offence committed by the Page No.3 of 6

petitioner is not heinous in nature and the victim has sustained only fracture injuries. Even then, the 2nd respondent has not sent the police verification report to the 1st respondent, enabling the 1st respondent to process the application of the petitioner. Accordingly, he prayed for appropriate orders.

5. The learned Government Advocate (Crl.Side) appearing for the 2nd respondent, on instructions, submitted that appropriate police verification report will be forwarded to the 1st respondent by today (25.09.2025) itself before 5.00 p.m., enabling the 1st respondent to process the petitioner's application dated 04.09.2025.

6. The learned Central Government Standing Counsel appearing for the 1st respondent, on instructions, submitted that the petitioner's application dated 04.09.2025 will be considered on or before 28.09.2025, after receiving the police verification report from the 2nd respondent.

7. Recording the above submissions made by the respective learned counsel appearing for the respondents, this Writ Petition is Page No.4 of 6

disposed of with above terms of undertaking. No costs. Consequently, the connected miscellaneous petition is closed. 25-09-2025 Index: Yes/No Speaking/Non-speaking order SP Note: Issue order copy on 25.09.2025.

To

1. The Regional Passport Officer, Regional Passport Office, Chennai - 600 002.

2. The Inspector of Police, Traffic Investigation Wing, Avadi City, Avadi, Chennai - 600 056.

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M.DHANDAPANI, J.

SP WP No. 36858 of 2025 25-09-2025 Page No.6 of 6