Madras High CourtWP(MD)/22255/2025disposed of

S.Yasar Arabath v. The Regional Passport Officer

2025-08-13Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.17368 of 2025 S.Yasar Arabath ... Petitioner Vs.

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

2.The State of Tamil Nadu, Represented by Inspector of Police, Uchipulli Police Station, Ramanathapuram.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certirorarified Mandamus, calling for the records of the impugned order in Letter Ref.No.SCN/320500259/25 passed by the first respondent vide proceedings in File No.MDA077244806724 dated 15.01.2025 and quash the same as illegal and consequently direct the first respondent to reissue/renew the passport No.M3626672 by considering petitioner reissue application dated 20/12/2024 in application No. 24-1015448095 to the Petitioner within the time stipulated by this Court. 1/5

For Petitioner : Mr.S.Vashik Ali for Mr.T.Sakthi Kumaran For R1 : Mr.B.Narayan Ram Central Government Standing Counsel For R2 : Mr.Vaikam Karunanithi Government Advocate (Crl.Side)

ORDER

The petitioner has challenged the impugned communication of the first respondent dated 15.01.2025 bearing reference No.SCN/320500259/25 with respect to the passport application dated 20.12.2024.

2. By the impugned communication, the petitioner was advised to report to the Office with all original documents and Court orders related to the case pending against the petitioner in Crime No.47 of 2018 for offences under Sections 294(B), 323, 506(2) of the IPC.

3. The learned Government Advocate for the second respondent submits that although FIR has been registered on 22.03.2018 before the second respondent Police Station, no charge has been filed and the case is still under investigation.

4. Considering the fact that no criminal case is pending against the petitioner, there can be no impediment in directing the first respondent to 2/5

process the petitioner's passport application, if the same is not closed as on date. If the petitioner's application is closed, the petitioner is at liberty to file a fresh application for issuance of passport.

5. The first respondent shall process the same and issue passport to the petitioner within a period of 6 weeks from the date of receipt of a copy of this order.

6. It is also made clear that in case a charge sheet is filed against the petitioner, the petitioner shall surrender the passport before the concerned court and retrieve the same as and when the petitioner proposes to travel abroad by filing appropriate application. If the petitioner fails to comply with this condition, the first respondent is at liberty to cancel the passport.

7. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

13.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Inspector of Police, Uchipulli Police Station, Ramanathapuram.

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C.SARAVANAN, J.

sn 13.08.2025 5/5