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Madras High CourtWP(MD)/7559/2026disposed of

Merfwin Anto v. The Regional Passport Officer

2026-03-18Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-03-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Merfwin Anto ... Petitioner Vs.

1. The Regional Passport Officer, Passport Office, Bharathi Ula Veethi, Race Course road, Madurai Tamil Nadu 625 002

2. The Inspector of Police, Pazhavoor Police station, Tirunelveli 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 to accept the application afresh under File No. MD2075892184625 and issue the fresh Passport with a time stipulated by the Honble court and pass such further or other orders which may deem fit and proper in the circumstances and thus render justice. 1/6

For Petitioner : Mr.C.Sailendra Babu For R1 : Mr.V.Murali Ganesh Standing Counsel For R2 : Mr.K.Gnansekaran Government Advocate (Crl.Side)

ORDER

The prayer in the writ petition is to accept the application of the petitioner afresh under File No.MD2075892184625 and issue the fresh passport within the time stipulated by this court.

2. Heard Mr.C.Sailendrababu, learned counsel for the petitioner, Mr.V.Murali Ganesh, learned Standing Counsel, who takes notice for the 1st respondent and Mr.K.Gnanasekaran, learned Government Advocate (Crl.Side), who takes notice for the 2nd respondent.

3. The case of the petitioner is that when the petitioner made the above application, a show cause notice dated 06.12.2025 was issued with respect to the receipt of an adverse police verification.

4. The learned counsel for the petitioner would submit that the facts mentioned therein will not be a bar for the issue of a passport. 2/6

5. The learned Standing Counsel for the 1st respondent would submit that upon receipt of an adverse police verification report, the show cause notice has been issued.

6. When the matter was taken up for hearing today, the learned Government Advocate (Crl. Side) submitted that two cases were originally pending against the petitioner. As far as Cr. No. 155 of 2023 is concerned, the petitioner is the first accused, and a case has been registered for offenses punishable under Sections 447, 294(b), 323, 379, and 506(1) of the IPC, which is still under investigation. With respect to Cr. No. 296 of 2020, after investigation, a referred charge sheet has been filed. In view of the aforesaid submissions-that one case has already been referred and the other is only at the FIR stage-it is stated that the same does not constitute a bar to the issuance of a passport.

7. In view thereof, the writ petition is ordered on the following terms:- 3/6

i. Notwithstanding the adverse police report, the petitioner's application for the issuance of a passport shall be considered and if there is no other impediment, the passport shall be issued as expeditiously as possible, in any event, not later than four weeks from the date of receipt of the web copy of this order, without waiting for the certified copy of the order.

ii. It is needless to mention that upon filing of the charge sheet in the said case, the petitioner shall obtain the permission of the competent court before leaving abroad.

18.03.2026 Index: Yes Speaking Order: Yes rgm 4/6

To

1. The Regional Passport Officer, Passport Office, Bharathi Ula Veethi, Race Course road, Madurai Tamil Nadu 625 002

2. The Inspector of Police, Pazhavoor Police station, Tirunelveli District.

5/6

D.BHARATHA CHAKRAVARTHY, J.

rgm 18.03.2026 6/6