Rakesh v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1428 of 2026 Rakesh ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2. The Inspector of Police, Shanarpatty Police Station, Dindigul District.

... 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 more particularly the 1st respondent to re-issue passport to the petitioner based on his application dated 17.10.2025 pending in File No. MD1075794747025 within a time frame.

1/4

For Petitioner : Mr.D.Venkatesh For Respondents : M/s.B.Ponnupandi Central Government Standing Counsel for R1 M/s.M.Aasha Government Advocate(crl.side) for R2 and R3

ORDER

The present writ petition has been filed seeking a mandamus for re-issuance of the passport to the writ petitioner based upon his application dated 17.10.2025.

2. The learned Government Advocate(crl.side) appearing for the second respondent submitted that the petitioner and 10 others have been implicated in a criminal case in Cr.No.63 of 2023 on the file of the second respondent which has culminated in filing of a charge sheet on 24.03.2023 before the Judicial Magistrate Court, Dindigul. However, the charge sheet has not been taken on file.

3. A perusal of the FIR reveals that there was some altercation between the petitioner and the defacto complainant. The charge sheet laid by the second respondent has not been taken on file due to the non-compliance of the memo of objections raised by the concerned Court.

2/4

4. Since the police officials have not taken any steps to clear the memo of objections raised by the concerned Court for the past 2 years, this Court is of the considered opinion that there cannot be any legal impediment for the petitioner to approach the first respondent seeking passport.

5. 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.

6. 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.

7. With the above said observations, this writ petition stands disposed of. No costs.

22.01.2026 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, Bharathi Ula Veethi, Race Course Road, Madurai.

2. The Inspector of Police, Shanarpatty Police Station, Dindigul District.

W.P.(MD)No.1428 of 2026 22.01.2026 4/4