Arunkumar A v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN A.Arunkumar ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to issue a passport to the petitioner based on his application submitted through online vide File No.MD9067374210725 dated 05.02.2025 within a time frame as fixed by this Court.

For Petitioner : Mr.A.Karthik For R1 : Mr.R.Saravanakumar Central Government Standing Counsel Page No. 1 of 4

For R2 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to issue a passport to the petitioner based on his application submitted through online vide File No.MD9067374210725 dated 05.02.2025 within a time frame as fixed by this Court.

2. Heard the learned counsel for the petitioner, the learned Central Government Standing Counsel for the first respondent-Passport Officer, and the learned Government Advocate (Criminal Side) for the second respondent-Police.

3. The learned Government Advocate (Criminal Side) appearing for the second respondent-Police confirmed that only an FIR in Crime No.416 of 2023 has been registered by the second respondent-Police against the petitioner on 11.09.2023 for the alleged offences punishable under Sections 143 and 283 of the Indian Penal Code, 1860, and that the case is still under investigation.

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4. 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 no case is pending before any Court and the case is still under investigation as on date, there can be no impediment for issuance of a passport to the petitioner. Accordingly, the first respondent is directed to scrutinize the application filed by the petitioner and issue the passport, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order.

5. With the above observations, this Writ Petition stands disposed of. No costs.

24.06.2025 JEN Index : Yes / No Internet : Yes / No To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

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C.SARAVANAN , J.

JEN 24.06.2025 Page No. 4 of 4