Madras High CourtWP(MD)/17909/2025disposed of

Sethudurai v. The Regional Passport Officer

2025-07-02Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.17909 of 2025 and W.M.P(MD) No.13708 of 2025 Sethudurai ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, 7th Cross, New Municipal Complex, Thillainagar, Thiruchirappalli - 620 018.

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

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Letter Ref. No. SCN/320797011/25 dated 22.02.2025 issued by the 1st respondent and quash the same and consequently, direct the 1st respondent to issue passport to the petitioner within a time frame fixed by this Court.

For Petitioner : Mr.Suresh Manikam For R1 : Mr.K.Manikandan Central Government Standing Counsel For R2 : K.Sanjai Gandhi Government Advocate (Crl.Side) 1/4

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondents.

2. The petitioner is arrayed as an accused (A1) in Crime No.240 of 2016 for the offences punishable under Sections 3(1) of Prevention of Damage to Public Property Act, 1984 and 326 and 323 of IPC and it has been taken of the file of the III Additional District Judge, Pattukkottai in S.C.No.78 of 2023. Further, the petitioner is also arrayed as fourth accused in Crime No.50 of 2024 for the offences punishable under Sections 147, 148, 353, 506(ii) and 109 of IPC, which has been challenged by the petitioner in Crl.O.P(MD) No.6668 of 2024 before this Court. Since two criminal cases are pending against the petitioner, there is no scope for directing the respondents to issue passport to the petitioner in the light of the Section 6(2)(f) of Indian Passport Act, 1967. However, it is open to the petitioner to move appropriate application at appropriate stage of the case for appropriate direction before the first respondent to consider the petitioner's application for passport. 2/4

3. With the above said liberty, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Regional Passport Officer, Regional Passport Office, 7th Cross, New Municipal Complex, Thillainagar, Thiruchirappalli - 620 018.

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

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C.SARAVANAN, J.

Indu W.P(MD).No.17909 of 2025 02.07.2025 4/4