Palanimurugan E v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) No.12072 of 2025 E.Palanimurugan ... Petitioner Vs.
1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.
(Crime No.180/2021) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order on the file of the first respondent dated 18.02.2025 and quashing the same as illegal and directing the first respondent to issue passport to the petitioner by considering his application in File No.MD1067351346925 dated 29.01.2025 within a time stipulated by this Court. Page No. 1 of 5
For Petitioner : Mr.T.Thirumurugan For R1 : Mr.P.Arun Jeyatram Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) *****
O R D E R
This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order passed by the first respondent dated 18.02.2025, quashing the same as illegal, and directing the first respondent to issue a passport to the petitioner by considering his application in File No.MD1067351346925 dated 29.01.2025, within the time stipulated by this Court.
2. It is informed by the learned Government Advocate (Criminal Side) appearing for the second respondent police that although the petitioner is arrayed as the fourth accused in Crime No.180 of 2021 dated 15.03.2021, registered by the second respondent police for the offences punishable under Section 379 of the Indian Penal Code, 1860, and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, Page No. 2 of 5
1957, the case is still under investigation.
3. Section 6(2)(f) of the Passport Act, 1967 enjoins the Passport Officer, like the first respondent, not to issue a passport only where a case is pending before a Court. Since the case is not pending before any Court and is still under investigation as on date, there shall be a positive direction to the first respondent to process the passport application of the petitioner and issue the same. However, it is made clear that the petitioner shall not travel using the passport without the prior permission of the second respondent. It is also made clear that the first respondent, Regional Passport Officer, may create the necessary records in their database.
4. With the above observations, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
23.06.2025 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order To Page No. 3 of 5
1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.
Page No. 4 of 5
C.SARAVANAN , J.
JEN 23.06.2025 Page No. 5 of 5