Vedhaselvam Andisamy v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Vedhaselvam Andisamy ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620018.
2.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.
3.The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
4.The Inspector of Police, Papanasam Police Station, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to re-issue Passport to
the petitioner by considering his passport Application in File No.TR1077288497525 on the file of the first respondent by considering the representation given by the petitioner dated 25.03.2025. For Petitioner : Mr.R.Maheswaran For R1 : Mr.I.Sekar Central Government Standing Counsel For R2 to R4 : Mr.K.Gnanasekaran Government Advocate (Criminal side)
ORDER
Heard both sides.
2. The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed.
3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents 2 to 4 submitted that a criminal case has been registered against the petitioner in Crime No.162 of 2024 for the offence under Sections 143 and 341 of I.P.C., on the file of the second
respondent and the same has culminated in laying a final report before the Judicial Magistrate Court No.I, Kumbakonam.
4. In view of the above said submissions, the petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake, if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny the relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by executing a special Vakalat.
5. Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer, who shall dispose of the petitionmentioned application in terms of the said order.
6. This Writ Petition is disposed of accordingly. There shall be no order as to costs.
NCC : Yes / No 28.04.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620018.
2.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.
3.The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
4.The Inspector of Police, Papanasam Police Station, Thanjavur District.
VIVEK KUMAR SINGH , J.
smn2 28.04.2025