Mohamed Shahul Hameed v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN Mohamed Shahul Hameed ... Petitioner Vs.
1.The Regional Passport Officer, New Municipal Complex, Thillainagar 7th Cross, Tiruchirapalli.
2.The Inspector of Police, Adirampattinam Police Station, Thanjavur.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned communication dated 18.02.2025 bearing Letter Reference No.OBJ/320770001/25 issued by the first respondent in respect of the Passport Application No.TR1077357316725 and quashing the same and consequently directing the first respondent to issue passport on the petitioner's application dated 30.01.2025. For Petitioner : Mr.A.Arul Jenifer For R1 : M/s.S.Mahalakshmi Central Government Standing Counsel Page No. 1 of 5
For R2 : Mr.Vaikam Karunanithi Government Advocate (Criminal Side)
O R D E R
The petitioner has filed this Writ Petition for the issuance of a Writ of Certiorarified Mandamus, to i.
call for the records pertaining to the impugned communication dated 18.02.2025, bearing Letter Reference No. OBJ/320770001/25, issued by the first respondent in respect of Passport Application No.TR1077357316725, ii. quash the impugned communication dated 18.02.2025, and iii. direct the first respondent to issue a passport based on the petitioner's application dated 30.01.2025.
2. It is informed by the learned Government Advocate (Criminal Side) appearing for the second respondent police that the petitioner is arrayed as A16 among 304 accused persons in Crime No.595 of 2022, for the alleged offences punishable under Sections 143, 341, 188, 290, and 291 of the Indian Penal Code, 1860. It is confirmed by the learned Government Advocate (Criminal Side) appearing for the second respondent police that the case is still under investigation, and the charge sheet has neither been prepared nor filed before the concerned Court. Page No. 2 of 5
3. Considering the same, there can be no impediment in directing the first respondent to process the passport application of the petitioner and issue the passport. Accordingly, the first respondent is directed to process the petitioner's application and issue the passport, preferably as expeditiously as possible, within a period of six weeks from the date of receipt of a copy of this order.
4. It is, however, made clear that in the event the charge sheet has been prepared and filed before the concerned Court during the interregnum or thereafter taken on file, the petitioner shall suo motu surrender the passport before the concerned Court.
5. Liberty is given to the second respondent police to take appropriate steps to seize the passport of the petitioner and deliver the same before the concerned Court, in case the petitioner fails to voluntarily surrender the passport before the said Court.
6. In case the petitioner desires to travel thereafter, it is open to the petitioner to file an appropriate application before the concerned Court. Page No. 3 of 5
7. In the result, this Writ Petition stands disposed of. No costs. 23.07.2025 JEN Index : Yes / No Internet : Yes / No To 1.The Regional Passport Officer, New Municipal Complex, Thillainagar 7th Cross, Tiruchirapalli.
2.The Inspector of Police, Adirampattinam Police Station, Thanjavur.
Page No. 4 of 5
C.SARAVANAN , J.
JEN 23.07.2025 Page No. 5 of 5