K.Singapandi v. The Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19043 of 2025 and W.M.P(MD) No.14590 of 2025 K.Singapandi ... Petitioner Vs.

1.The Passport Officer, Regional Passport Officer, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police,, Keelavalavu Police Station, Melur Taluk, Madurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent's Impugned communication No.SCN/321435785/25 dated 29.04.2025 and quash the same and consequently direct the 1st respondent to issue passport to the petitioner by considering his application No.MD1067532967725 dated 03.04.2025 and for other reliefs within a period stipulated by this Court.

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For Petitioner : Mr.S.Atham Ali For R1 : Mr.J.Padmavathi Devi Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Central Government Standing Counsel appearing on behalf of the first respondent and the learned Government Advocate appearing on behalf of the second respondent.

2. The petitioner is sole accused in Crime No.118 of 2025 for the offences punishable under Sections 279 and 337 of IPC. Purusnat to the petitioner's application for issuance of passport, the first respondent has sent a impugned order dated 29.04.2025 regarding the First Information Report filed against the petitioner in Crime No.118 of 2025. Instead of filing reply, the petitioner has approached this Court.

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3. It is confirmed by the learned counsel for the second respondent that pursuant to the FIR registered in Crime No.118 of 2025 and that no charge sheet has been filed against the petitioner, and the case remains under investigation .

4. The learned counsel for the first respondent on the other hand has raised his objection in view of the First Information Reports registered against the petitioner in Crime No.118 of 2025 for the above offences.

5. Since no criminal case is pending against the petitioner as on date pursuant to the FIR registered in Crime No.118 of 2025, there can be no impediment for directing the first respondent to process the passport application of the petitioner.

6. Under these circumstances, there shall be a direction to the first respondent to issue the passport to the petitioner as expeditiously as possible. In case, charge sheet is filed by the second respondent before the concerned Court pursuant to the aforesaid Crime Nos.118 of 2025 registered against the petitioner, the petitioner shall surrender the passport before the concerned Court. In case the petitioner proposes to travel abroad, the petitioner may file a 3/5

suitable application before concerned Court to retrieve the same.

7. With the above direction and liberty, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Passport Officer, Regional Passport Officer, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police,, Keelavalavu Police Station, Melur Taluk, Madurai District.

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C.SARAVANAN, J.

Indu W.P(MD) No.19043 of 2025 15.07.2025 5/5