Mukunthan Sachithanantham v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Mukunthan Sachithanantham : Petitioner Vs.

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

2. The Inspector of Police, S.V.Karai Police Station, Tenkasi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to reinstate petitioner renewed passport by revoking the cancellation within the time limit that may be stipulated by this Honourable Court. For Petitioner : Ms.Indira For Respondents : Mr.S.Karthik CGSC for R1 Mr.K.Gunasekaran Government Advocate (Crl.Side) for R2 1/6

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the first respondent to issue the petitioner's passport and to reinstate the petitioner renewed passport by revoking the cancellation, within the time stipulated by this Court. 2.The petitioner submitted an application dated 18.11.2021 to the first respondent seeking for issuance of a passport. While so, on receipt of adverse police verification report, the first respondent had issued a communication dated 12.01.2022, required an explanation from the petitioner. Challenging the same, this Writ Petition is filed.

3. The learned Government Advocate (Crl.) appearing for the second respondent, on instructions, submitted that Crime No.87 of 2021 has culminated in laying charge sheet in C.C.No.9 of 2023, before the learned Judicial Magistrate, Senkottai, Tenkasi District. 2/6

4. Heard the learned counsels on either side and carefully perused the entire materials available on record.

5. Considering the facts of the case and the provisions under the Passports Act, 1967, it is pertinent to note that the petitioner is currently facing charges under Sections 147, 294(b), 323, 506(1) of the IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. However, at this stage, the petitioner has not been convicted of any offense and the matter is still pending before the judicial authorities. Therefore, this Court is inclined to direct the first respondent to consider the application of the petitioner dated 18.11.2021 and issue passport, if he is otherwise eligible for the same, within a period of eight weeks from the date of receipt of a copy of this order.

6. It is also made clear that the petitioner shall diligently attend the trial proceedings and appear before the trial Court on all hearings, as directed by the trial Court. The petitioner shall not abscond or take any steps that would hinder or delay the ongoing legal proceedings. In the event of the petitioner being convicted or found guilty of any of the charges or if there are any developments in the case 3/6

that warrant revocation of the passport, the first respondent is at liberty take necessary steps to revoke the passport in accordance with the law.

7. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. 22.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

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

2. The Inspector of Police, S.V.Karai Police Station, Tenkasi District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.8611 of 2025 22.04.2025 6/6