Madras High CourtWP(MD)/15332/2025disposed of

M.Duraivelrajan v. The Immigration 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 Writ Petition(MD)No.15332 of 2025 M.Duraivelrajan ..Petitioner Vs 1.The Immigration Officer, Anna International Airport, Chennai.

2.The Regional Passport Officer, Regional Passport Office, New Commerical Complex, 7th Cross, Thillai Nagar, Trichy.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to return/release the petitioner's passport bearing No.Z3642835 and permit the petitioner to travel abroad by consider the petitioner's representation dated 30.05.2025 within the time that may be stipulated by this court.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.K.Govindarajan Dy. Solicitor General of India 1/4

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the second respondent to return/release his passport bearing No.Z3642835 and permit him to travel abroad based on his representation dated 30.05.2025.

2. It is specific case of the petitioner that although the petitioner has been proceeded under the provision of the Negotiable Instruments Act, 1881 in STC No.4365 of 2019 on the file of the Judicial Magistrate No.IV, Trichy, STC No.361 of 2023 on the file of the Judicial Magistrate No.II, Trichy and CC.No.1451 of 2019 on the file of the Judicial Magistrate No.II, Trichy and bailable warrant and arrest warrants have been issued.

3. However, it is submitted that all the orders have been recalled vide orders passed in Crl.M.P.No.10654 of 2025 dated 03.04.2025, in Crl.M.P.No.10525 of 2025 vide dated 23.04.2025 and in Crl.M.P.No. 10534 of 2025 vide dated 23.04.2025.

4. The learned Deputy Solicitor General of India, appearing for the respondents, on instructions, submits that since the arrest warrant and bailable warrant were issued to the petitioner earlier, the 2/4

passport of the petitioner was seized by the second respondent. He further submits that the petitioner has to move the second respondent for release of the passport under Section 10 of the Passport Act, 1967.

5. It is noticed that already the petitioner sent a representation to the second respondent on 30.05.2025. Therefore, the second respondent shall consider the same and pass appropriate orders in the light of the decision of Savita Kainya and another vs. the Regional Passport Officer, Chennai (W.P.Nos.28760 and 28761 of 2015, dated 26.11.2025), within a period of two weeks from the date of receipt of a copy of this order.

6.With the above direction this writ petition is disposed of. No costs.

09.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Immigration Officer, Anna International Airport, Chennai.

2.The Regional Passport Officer, Regional Passport Office, New Commerical Complex, 7th Cross, Thillai Nagar, Trichy.

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C.SARAVANAN, J.

skn Writ Petition(MD)No.15332 of 2025 09.06.2025 4/4