M.Kalithasan v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) Nos.12410 of 2025 M.Kalithasan ... Petitioner Vs.
1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Vethi, Race Course Road, Madurai - 620 002.
2.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.
3.The Inspector of Police, Oddanchatram Police Station, Palani, Dindigul District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent pertaining to the impugned Show Cause Notice issued by the first respondent vide his Letter Ref. No.SCN/1049126843/25 dated 13.05.2025 and quashing the same as Page No. 1 of 5
illegal and consequently directing the first respondent to permit the petitioner to use his renewal Passport No.Z8314821. For Petitioner : M/s.K.Vidya For R1 : Mr.M.Gnanagurunathan Central Government Standing Counsel For R2 & R3 : Mr.M.Vaikam Karunanithi Government Advocate (Criminal Side) *****
O R D E R
The petitioner has challenged the impugned Show Cause Notice dated 13.05.2025 issued by the first respondent.
2. The petitioner has given a reply and appeared for a personal hearing on 30.05.202, wherein the petitioner was informed that he had been named as an accused in Crime No.1510 of 2020 on the file of the Palani Town Police Station, for alleged offences punishable under Sections 143, 269, and 341 of IPC (subsequently altered to Sections 143 and 341 of IPC). According to the learned counsel for the petitioner, the proceedings in Crime No.1510 of 2020 were dropped. It is further informed that the petitioner has also been named as an accused in Crime No.651 of 2022 on the file of the Oddanchatram Police Station, for Page No. 2 of 5
alleged offences punishable under Sections 143, 290, and 341 of IPC. The mere pendency of Crime No.651 of 2022, ipso facto,would not be a ground for cancellation or non-issuance of a passport.
3. In this case, admittedly, the petitioner was earlier issued a passport on 07.10.2015, which was renewed on 26.04.2025 and is valid till 25.04.2035. At this stage, the impugned Show Cause Notice was issued to the petitioner, calling upon him to show cause as to why proceedings should not be initiated under Section 12(1)(b) of the Passport Act, 1967.
4. The learned counsel for the petitioner places reliance on the decision of this Court in V. Arumugam v. The Regional Passport Officer and another, dated 24.09.2024, rendered in W.P.(MD) No.22653 of 2024.
5. Considering the fact that the petitioner has already replied to the Show Cause Notice. It is open for the petitioner to give additional reply within the period of 15 days from the date of receipt of a copy of this order. The first respondent, thereafter, shall proceed to pass orders strictly in accordance with the provisions of the Passport Act, 1967. Page No. 3 of 5
6. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 18.06.2025 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Vethi, Race Course Road, Madurai - 620 002.
2.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.
3.The Inspector of Police, Oddanchatram Police Station, Palani, Dindigul District.
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C.SARAVANAN , J.
JEN 18.06.2025 Page No. 5 of 5