← Library
Madras High CourtWP(MD)/20902/2025disposed of

P.Vijayakumar v. Regional Passport Officer

2025-07-31Honourable Mr Justice C. Saravanan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Vijayakumar ... Petitioner /vs./ 1.Regional Passport Officer, Government of India, Ministry of External Affairs Passport Office, Bharathi Ula Veethi Race Course Road, Madurai 635 002.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to issue the petitioner's passport filed by considering the representation dated 06.03.2025 within stipulated time.

For Petitioner : Mr.A.Satheesh Murugan for K.Anand For R1 : Mr.S.U.Sambath Kumar CGSC Page No. 1 of 10

For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

Mr.S.U.Sambath Kumar, learned Central Government Standing Counsel takes notice for the first respondent and Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.side) takes notice for the second respondent. 2.This writ petition has been filed for a Mandamus to direct the first respondent to issue the petitioner's passport, by considering the representation dated 06.03.2025.

3.It appears that the petitioner filed a passport application on 27.07.2017 vide passport application No.MD1060438964117. 4.The learned Government Advocate (Crl.side) for the second respondent confirms that the petitioner was an accused in the following cases:- Sl.No.

Cr.No.

Offences Status 294(b), 323 and 427 IPC Pending Page No. 2 of 10

294(b), 341 and 506(2) IPC Closed 5.Thus, there can be no impediment in issuance of a passport to the petitioner. However, it is noticed that the petitioner had filed an application on 27.07.2017. The said application would have been closed at this distant point of time, as almost a decade has lapsed.

6.Considering the same, the Writ Petition stands disposed of, by permitting the petitioner to file a fresh passport application. In case, such an application is filed, the first respondent shall issue a fresh passport to the petitioner.

7.It is made clear that in case a charge sheet is filed pursuant to the FIR registered in Crime No.53 of 2012, dated 13.02.2012, pending before the second respondent, the petitioner shall surrender the passport before the concerned Court.

8.In case, the petitioner fails to surrender the passport as ordered by this Page No. 3 of 10

Court in this writ petition, the second respondent is at liberty to take steps to seize the passport from the hands of the petitioner. The first respondent is also at liberty to cancel the passport, as the passport to be issued is subject to the conditions passed by this Court in this order. No costs. Index : Yes / No 31.07.2025 Internet : Yes / No mm To The Inspector of Police, Y.Othakadai Police Station, Madurai District.

Page No. 4 of 10

C.SARAVANAN, J.

mm 31.07.2025 Page No. 5 of 10

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Vijayakumar, S/o.Ponmudi ... Petitioner Vs.

1.Regional Passport Officer, Government of India, Ministry of External Affairs Passport Office, Bharathi Ula Veethi Race Course Road, Madurai 635 002.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to issue the petitioner's passport filed by considering the representation dated 06.03.2025 within stipulated time.

For Petitioner : Mr.A.Satheesh Murugan for Mr.K.Anand For Respondents : No appearance

ORDER

Page No. 6 of 10

This matter is listed today under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the Petitioner.

2. There is no representation on behalf of the Respondents.

3. The learned counsel appearing for the Petitioner would submit that this Court, by its order dated 31.07.2025, has passed final order in W.P.(MD) No. 20902 of 2025. He further submitted that in the said order there are few inadvertent typographical errors in Paragraph No.4 and Paragraph No.7 inasmuch as the status of the case has been wrongly mentioned.

4. It is submitted that Crime No.53 of 2012 has been closed and only Crime No.159 of 2012 is pending. Therefore, suitable changes may be incorporated in Paragraph No.4 and Paragraph No.7.

5. Since the ultimate decision is not to be altered, these changes are to be incorporated by amending Paragraph No.4 and Paragraph No.7 as under:- "4. The learned Government Advocate (Crl.side) for the second respondent confirms that the Petitioner was an accused in the following cases:- Page No. 7 of 10

Sl.No.

Cr.No.

Offences Status 294(b), 323 and 427 IPC Closed 294(b), 341 and 506(2) IPC Pending

7. It is made clear that in case a charge sheet is filed pursuant to the FIR registered in Crime No.159 of 2012, dated 30.03.2012, pending before the second respondent, the petitioner shall surrender the passport before the concerned Court."

6. The Registry is directed to carryout the necessary corrections and issue order copy afresh.

7. All other observations in the earlier order dated 31.07.2025 remains unaltered.

13.10.2025 arb To:

Page No. 8 of 10

1.Regional Passport Officer, Government of India, Ministry of External Affairs Passport Office, Bharathi Ula Veethi Race Course Road, Madurai 635 002.

2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

C.SARAVANAN, J.

arb Page No. 9 of 10

13.10.2025 Page No. 10 of 10