Thiruselvam v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Thiruselvam ... Petitioner Vs

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

2. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct to the first respondent to issue passport to the petitioner on his application No.25-1055863871 dated 05.07.2025. For petitioner : Mr. V.G.Vallarasu Chezhiyan For respondents : Mr.B.Sathesh Kumar Central Government Standing Counsel for R1 1/5

Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) for R2 *****

ORDER

This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner, the learned Central Government Standing Counsel for the first respondent and the learned Government Advocate (Crl.Side) for the second respondent.

2. This Writ Petition has been filed for a Mandamus to direct to the first respondent to issue passport to the petitioner on his application No. 25-1055863871 dated 05.07.2025.

3. The learned Government Advocate (Crl.Side) for the second respondent submits that the petitioner was involved in at least three different FIRs registered against the petitioner as detailed below:

S.No.

Crime Number Offences Stage 1.

Crime No.6/2023 Under Sections 20(b)(ii)(B), 8(c) of NDPS Act.

Under investigation 2.

Crime No.72/2023 Under Sections 379 of IPC Under investigation 2/5

3.

Crime No.589/2022 Under Sections 294(b), 323 of IPC Disposed of with fine of Rs.2,000/-

4. It is submitted that as far as the third case is concerned, the case has been disposed of on payment of fine of Rs.2,000/-. It is further submitted that as far as the first and second cases are concerned, the cases are still under investigation.

5. Since neither charge sheet has been filed nor the same has been taken on file by the concerned Court, there can be no impediment in 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 process the passport application of the petitioner and issue the same within a period of six (6) weeks from the date of receipt of a copy of this order.

7. It is, however, made clear that in case, during the interregnum, charge sheet is filed against the petitioner before the concerned Court and the same is taken on file, the petitioner shall voluntarily surrender the passport before the 3/5

concerned Court and retrieve the same from the said Court as and when the petitioner desires to travel abroad.

8. It is made clear that in case, the petitioner fails to comply with any of the above stipulations, the second respondent is at liberty to seize the passport of the petitioner and deliver it to the concerned Court. It is also open for the first respondent to take steps to cancel the passport to be issued to the petitioner.

9. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 19.08.2025 Internet : Yes / No apd To

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

2. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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C.SARAVANAN, J.

apd 19.08.2025 5/5