Madras High CourtWP(MD)/15334/2025disposed of

R.Raja 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 Writ Petition(MD)No.15334 of 2025 R.Raja ..Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.

2.The Inspector of Police, Adirampattinam Police Station, Adirampattinam, Thanjavur District.

(Crime No.130/2019) ... 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 first respondent to issue passport to the petitioner vide application No.TRI067426748325 dated 20.02.2025 within the time frame to be fixed by this court.

For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.PM.Vishnuvarthanan Central Govt. Standing Counsel (R1) Mr.K.Sanjai Gandhi Govt. Advocate (crl.side) (R2) 1/4

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the first respondent to issue passport to him vide application No.TRI067426748325 dated 20.02.2025.

2. It is noticed that the F.I.R in Crime No. 130 of 2019 for the offences under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, and 379 IPC and the F.I.R in Crime No. 256 of 2025 for the offence under Section 4A of the TN Prohibition Act, on the file of the second respondent, are pending against the petitioner. The petitioner filed an application for the issuance of a passport on 20.02.2025. Prima facie, there are no provision under the Passport Act, 1961, that prohibit the respondents from issuing the passport to the applicant merely because an FIR has been registered. Unless the case is made over to the concerned Court, the question of refusing to grant the passport cannot be countenanced. In case the petitioner is charge sheeted, it is open to 1st respondent to cancel the same. As only the FIR has been registered against the petitioner in the above-mentioned crime numbers, there cannot be any impediment for the issuance of the passport to the petitioner. Therefore, there shall be a direction to the first respondent to issue a passport to the 2/4

petitioner strictly in accordance with the provisions of the Act within a period of six weeks from the date of receipt of a copy of this order.

3. 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.15334 of 2025 09.06.2025 4/4