Madras High CourtWP(MD)/71/2026disposed of

Pandidurai v. The Regional Passport Officer

2026-01-28Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.71 of 2026 and W.M.P(MD)No.34 of 2026 Pandidurai

...Petitioner

1. The Regional Passport Officer, Regional Passport Office, New Commercial Complex, Thillai Nagar 7th Cross, Trichy District.

2. The State of Tamil Nadu Represented by Inspector of Police, Thanjavur East Police Station, Thanjavur District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to impugned proceeding bearing Letter Reference No.OBJ/1052668826/25 dated 10.12.2025 and quash the same as illegal consequently directing the 1st respondent herein to process and re-issue the passport to the petitioner in respect of passport application No.RT1075933676725 in the light of petitioner representation dated 16.12.2025 within a stipulated period as may be fixed by this Court.

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For Petitioner : M/s.R.Sakthivel For Respondents : M/s.P.Arunjayatram Central Government Standing Counsel for R1 M/s.M.Aasha Government Advocate(crl.side) for R2

ORDER

The present writ petition has been filed seeking a mandamus to quash the order passed by the first respondent herein wherein the petitioner has been called upon to offer his explanation on the adverse police report.

2. The learned Government Advocate(crl.side) appearing for the second respondent brought to the notice of the Court that the petitioner has been implicated in a criminal case in Cr.No.342 of 2017 on the file of the second respondent which has culminated in filing of a charge sheet on 01.08.2018 on the file of the learned Judicial Magistrate No.I, Thanjavur. Due to memo of objections raised by the concerned Court, so far charge sheet has not been taken on file by the said Court. The concerned police officials have not taken any steps to refile the same or rectify the objections raised by the concerned Court. 2/4

3. The petitioner has also been implicated in another criminal case in Cr.No.709 of 2024 on the file of the Prohibition Enforcement Wing, Pattukottai, which has been closed as mistake of facts.

3. In view of the above said facts, it is clear that as on today, chargesheet has not been taken on file by any of the Courts.

4. This Court in a judgment reported in 2014 (8) MLJ 61 has held that mere pendency of FIR is not a legal impediment for issuance of the passport.

5. Considering the above said facts, the first respondent is directed to consider the request of the petitioner for issuance of the passport and pass orders within a period of four weeks from the date of receipt of a copy of this order.

6. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 28.01.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To

1. The Regional Passport Officer, Regional Passport Office, New Commercial Complex, Thillai Nagar 7th Cross, Trichy District.

2. The Inspector of Police, Thanjavur East Police Station, Thanjavur District.

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