Madras High CourtWP(MD)/15216/2025disposed of

C.Gopalakrishnan v. The Regional Passport Officer

2025-06-09Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.11499 and 11500 of 2025 C.Gopalakrishnan ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Madurai 625 002 2.The Inspector of Police, Kottampatti Police Station, Madurai.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in his Letter Ref. No. FCL/3182539621/24 dated 18.06.2024 and quash the same as illegal and consequently, to direct the respondent to issue the passport to the petitioner in the application No.MD1065974401923 on the file of the first respondent within the period that may be stipulated by this Court. 1/4

For Petitioner : Mr.V.Nirmal Kumar For R1 : Mr.R.Senthil Kumar Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed against the order, dated 18.06.2024 of the first respondent and consequently, to direct the respondents to issue the passport to the petitioner in application No.MD1065974401923 on the file of the first respondent.

2. The learned Government Advocate for the second respondent submits that a charge sheet has been filed against the petitioner pursuant to the complaint registered in Crime No.136 of 2022 for offences under Section 294 (b), 341, 342, 323, 427 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. The case is pending before the learned Judicial Magistrate, Melur, and has been taken on file in C.C.No.54 of 2024. 2/4

3. In view of the above, it is open for the petitioner to approach the learned Judicial Magistrate, Melur for appropriate relief in accordance with the provisions of the Passports Act, 1967. Although, the application filed by the petitioner before the concerned Magistrate was returned on the ground that FIR has not yet been filed. Considering the fact that the charge sheet has been filed against the petitioner, the return cannot be countenanced. The learned Judicial Magistrate shall endeavour to pass appropriate orders.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 09.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Madurai 625 002 2.The Inspector of Police, Kottampatti Police Station, Madurai.

3/4

C.SARAVANAN, J.

sn 09.06.2025 4/4