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Madras High CourtWP/45923/2025dismissed

M.Selvanesan v. The Regional Passport Officer

2025-12-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and WMP.No.51210 of 2025 M.Selvanesan .. Petitioner

Versus

1.The Regional Passport Officer Shastri Bhavan No.26, Haddows Road Chennai - 600 006 2.The Passport Officer Passport Seva Kendra Aminjikarai, Navin's Presidium No.103, Nelson Manickam Road Aminjikarai, Chennai.

3. The Commissioner of Police Office of the Commissioner Veperi, Chennai 4.The Inspector of Police S-7, Police Station Madipakkam, Chennai 5.The Inspector of Police M-1 Police Station Madhavaram, Chennai .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 5 hereinafter returning the petitioner's passport in passport T98781775 by the 1/4

learned Judicial Magistrate directing the respondents herein not to insist upon for surrender the petitioner's passport without any compelling necessity or any warranted situation arose against the petitioner. For Petitioner : Mr.S.Kingston Jerold For Respondent : Mrs.A.Anuradha for R1 & R2 Central Government Standing Counsel Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

This writ petition is filed directing the respondents 1 to 5 hereinafter returning the petitioner's passport in passport T98781775 by the learned Judicial Magistrate directing the respondents herein not to insist upon for surrender the petitioner's passport without any compelling necessity or any warranted situation arose against the petitioner.

2. The petitioner is facing difficulty in surrendering passport each time as per the direction of this Court in WP.No.7123 of 2024. Hence, seeks for a direction.

3. This Court while disposing of the above mentioned writ petition directed the petitioner to surrender the passport before the concerned jurisdictional Criminal Court and seek permission of the Court when the petitioner proposes to travel outside the country. This Order has already 2/4

reached finality. The petitioner has not challenged that order, therefore, when there is a direction by this Court in a similar writ petition and that earlier order cannot be modified. If really, the petitioner is aggrieved by the earlier order, he should file necessary appeal; without doing so he cannot seek a modification by way of filing another writ petition.

4. Such view of the matter, I do not find any merits in this petition. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition stands closed. It is well open to the petitioner to challenge the earlier order of this Court. 01.12.2025 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Regional Passport Officer Shastri Bhavan No.26, Haddows Road Chennai - 600 006 2.The Passport Officer Passport Seva Kendra Aminjikarai, Navin's Presidium No.103, Nelson Manickam Road Aminjikarai, Chennai.

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N. SATHISH KUMAR , J.

dhk

3. The Commissioner of Police Office of the Commissioner Veperi, Chennai 4.The Inspector of Police S-7, Police Station Madipakkam, Chennai 5.The Inspector of Police M-1 Police Station Madhavaram, Chennai

6. The Public Prosecutor Madras High Court W.P.No.45923 of 2025 01.12.2025 4/4