Veluchamy v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM:

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

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. State Rep.By. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District (Fir No.53/2022).

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to issue passport to the petitioner in reference to the petitioner's Application in File No.MD3067289904325 dated 09.01.2025.

For petitioner : Mr. R. Murugappan 1/6

For respondents : M/s.M.Anbarasi Central Government Standing Counsel for R1 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. The petitioner has filed this Writ Petition for a Mandamus to direct the first respondent to issue a passport to the petitioner in reference to the petitioner's Application in File No.MD3067289904325 dated 09.01.2025.

3. It is noticed that the petitioner's name is not mentioned in the FIR registered in Crime No.53/2022, dated 19.02.2022 for the offences under Sections 143 and 353 of IPC and Section 132 of the Representation of People Act, 1951. 2/6

4. On the other hand, the learned Government Advocate (Crl.Side) for the second respondent submits that after investigation, the charge sheet has been filed before the Judicial Magistrate Court, Thiruthangal in Virudhunagar District on 01.06.2023 and that the petitioner has been arrayed as A6.

5. It is however, submitted that the charge sheet has not been taken on file by the Judicial Magistrate, Thiruthangal, though the charge sheet has been filed as early as 01.06.2023.

6. Since no case is pending before the said Court and the charge sheet has not been taken on file, there can be no impediment to direct the first respondent to process the passport application dated 09.01.2025 of the petitioner and issue the passport, if the said passport application has not been closed, within a period of six (6) weeks from the date of receipt of a copy of this order.

7. In case the said passport application is closed, the petitioner shall file a fresh application for issuing passport, in which case the same shall be processed and issued to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.

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8. It is made clear that in case the charge sheet is taken on file by the concerned Court and the case is numbered, the petitioner shall voluntarily surrender the passport before the concerned Court, failing which the second respondent is at liberty to seize the passport and deliver the same before the Judicial Magistrate, Thiruthangal.

9. It is also open for the first respondent to cancel the passport in case the petitioner fails to comply with any of the above stipulations.

10. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 14.08.2025 Internet : Yes / No apd To

1. The Regional Passport Officer, 4/6

Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District C.SARAVANAN, J.

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