Madras High CourtWP(MD)/15029/2025disposed of

Kottaichamy v. The Regional Passport Officer

2025-07-08Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.11268 of 2025 Kottaichamy ... Petitioner Vs

1. The Regional Passport Officer, O/o, the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice, dated 26.06.2024 issued by the first respondent vide letter Ref SCN/318344127/24 and quash the same as illegal and consequently, direct the first respondent to release the petitioner's passport bearing No. Y2174996 by 1/5

considering the representation, dated 24.04.2025 within a stipulated time period in accordance with law.

For petitioner : Mr. C.Senthil Murugan For respondents : Mr.K.Balaji Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Central Government Standing Counsel for the first respondent and learned Government Advocate (Crl.Side) for the second respondent.

2. The petitioner has been issued with the Show Cause Notice, dated 26.06.2024 and the petitioner has also responded to the same belatedly by giving reply dated 24.04.2025.

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3. It is case of the petitioner that the petitioner has also appeared before the first respondent on 16.09.2024. However, no orders have been passed till date.

4. It is submitted that the petitioner requires the passport for applying employment abroad and therefore, prays for quashing of the impugned communication, dated 26.06.2024 and to direct the first respondent to release the passport.

5. It is noticed that the petitioner's application was processed and the passport was issued. However, it has not been handed over to the petitioner in view of the pendency of the criminal case against the petitioner in Crime No.403 of 2020, for the offences under Sections 147, 148, 294(b), 323, 324, 326, 34, 506(ii) IPC.

6. It is informed by the learned Government Advocate (Crl.Side) for the second respondent that the charge sheet has also been filed on 02.09.2024 before the Judicial Magistrate, Muthukulathur.

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7. Considering the same, there cannot be an impediment on the first respondent to issue the passport. It is, however, open for the petitioner to move appropriate application before the concerned Court, in case the charges are framed before the passport is issued. The second respondent is directed to move the Court for taking the charge sheet on file.

8. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 08.07.2025 Internet : Yes / No apd To

1. The Regional Passport Officer, O/o, the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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C.SARAVANAN, J.

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