Gowtham v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

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

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

2. The Inspector of Police, Keeraithurai Police Staiton, Madurai.

(Crime No.784/2022).

... 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 by based on the petitioner's application in Application No.ARN. 24-1015248675, dated 17.03.2025, within the stipulated time fixed by this Court. 1/5

For petitioner : Mr. A.Arputharaj For respondents : Mr.P.Veerapandi Central Government Standing Counsel for R1 Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) for R2 *****

ORDER

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

2. The petitioner has approached this Court for a Mandamus to direct the first respondent to issue passport to the petitioner by based on the petitioner's application in Application No.ARN.24-1015248675, dated 17.03.2025.

3. The learned Government Advocate (Crl.Side) for the second respondent submits that the petitioner is the sole accused in Crime No.784/2022, dated 27.12.2022 for the offences under Sections 294(b) and 324 of IPC. 2/5

4. It is submitted that the charge sheet has been filed by way of e-filing before the Judicial Magistrate Court-IV, Madurai on 24.12.2024. However, the same has not been taken on file.

5. Considering the fact that the charge sheet has not been taken on file and no case is pending against the petitioner, there can be no impediment to direct the first respondent to process the passport application of the petitioner in Application No.ARN.24-1015248675, dated 17.03.2025. Therefore, there shall be a direction to the first respondent to process the aforesaid application of the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order.

6. It is, however, made clear that in case, during the interregnum, the charge sheet is filed against the petitioner before the concerned Court, the petitioner shall on his own volition surrender the passport before the concerned Court and retrieve the same from the said Court as and when the petitioner desires to travel abroad.

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7. 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 before the concerned Court. It is also open for the first respondent to take steps to cancel the passport to be issued to the petitioner.

8. 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 Street, Race Course Road, Madurai District.

2. The Inspector of Police, Keeraithurai Police Staiton, Madurai.

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C.SARAVANAN, J.

apd 19.08.2025 5/5