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Madras High CourtWP Crl.(MD)/300/2026allowed

Syed Samsudeen v. The Commissioner Of Police,

2026-02-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Syed Samsudeen, ... Petitioner Vs

1. The Commissioner of Police,, O/o. the Commissioner of Police, Madurai..

2. State of Tamilnadu Rep by Inspector of Police, Anna Nagar, Police Station, Madurai..

3. The Passport Officer,, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to submit a fresh verification report to the third respondent and consequently direct the third respondent to process 1/6

petitioner's passport application vide File No.MD1075989594925 for reissue with additional pages by considering the petitioner's representation dated 07.01.2026.

For Petitioner : Mr.SMA Jinnah, For R1 and R2 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) For R3 : Mr.G.Vishnuram Central Government Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents 1 and 2 to submit a fresh verification report to the third respondent and consequently direct the third respondent to process petitioner's passport application vide File No.MD1075989594925 for reissue with additional pages by considering the petitioner's representation dated 07.01.2026.

2. The petitioner already having a passport with Passport No. W9604884, which is valid until 30.08.2028. In the meantime, the petitioner is facing FIR filed by the petitioner's landlord. The petitioner is a tenant and there was a dispute with the landlord regarding vacating 2/6

of the premises. According to the petitioner, he has already vacated the premises and handed over possession. However, the allegation against the petitioner is that he forged the owner's signature to extent the lease period. The second respondent, after conducting an enquiry, filed an action dropped report on 15.12.2025 through e-filing. The RCS was taken on file on 02.01.2026 and the case is now posted for hearing on 30.03.2026. Now, the petitioner is seeking for re-issuance of additional pages in his passport.

3. The learned Government Advocate appearing for the respondents 1 and 2 submits that the petitioner's case does not fall under any of the categories such as being under investigation, not taken on file, pending trial or disposed of. Therefore, respondents 1 and 2 cannot issue any certificate in the present case.

4. The above said facts indicate that the case is on the verge of disposal. In the event that the Magistrate accepts the action drop, the case will be closed. If there is any protest petition, the same will be considered 3/6

as per law. Therefore, this Court is of the considered opinion that the respondents 1 and 2 shall consider the petitioner's case and issue a report stating that the petitioner's case is on the verge of consideration by the Magistrate, which may be taken as disposed of or on the verge of disposal. Based on the said report, the third respondent shall process the petitioner's request for the re-issuance of additional pages by considering the petitioner's representation dated 07.01.2026, within a period of three weeks from the date of receipt of a copy of this order. However, the petitioner shall submit an undertaking before the second respondent that in the event the case is accepted, based on the protest petition, the petitioner will cooperate with the trial.

5. With the above directions, this writ petition is disposed of. No Costs.

02.02.2026 TTA (Note: Issue order copy on 04.02.2026.

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TO

1. The Commissioner of Police,, O/o. the Commissioner of Police, Madurai..

2. State of Tamilnadu Rep by Inspector of Police, Anna Nagar, Police Station, Madurai..

3. The Passport Officer,, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai..

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S.SRIMATHY,J TTA

ORDER

IN WP CRL.(MD) No.300 of 2026 Date : 02/02/2026 6/6