Madras High CourtWP(MD)/23005/2025disposed of

Abimanyu Malaiyappan v. Regional Passport Officer

2025-08-25Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Abimanyu Malaiyappan ... Petitioner Vs.

1.Regional Passport Officer, Regional Passport Office, Tiruchirapalli New Municipal Complex, Thillainagar 7th Cross, Tiruchirapalli - 620018.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

3.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue the passport based upon the petitioner's passport application File No.TR1067521357925 dated 27.03.2025 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.K.Murali For R1 : Mr.M.Gnanagurunathan Central Government Standing Counsel For R2 & R3 : Mr.Vaikam Karunanidhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed for a writ of Mandamus to direct the first respondent to issue the passport based upon the petitioner's passport application File No.TR1067521357925 dated 27.03.2025.

2. The learned Government Advocate for the respondents 2 and 3 submits that the petitioner has been arrayed as an accused in two different FIRs registered against him. The details of which reads as under: S.No Crime No. Section of Law Stage of the case 655/2021 379 of IPC, 21(1) MMDR Act, 1957 Charge sheet filed before Judicial Magistrate, Orthanadu by way of efiling on 15.10.024 but not taken on file.

661/2023 147, 148, 294(b), 232, 234, 448, 506(2) of IPC FIR Stage 2/5

3. Since no criminal case is pending against the petitioner, there can be no impediment in directing the first respondent to process the petitioner's passport application.

4. Accordingly, the first respondent is directed to process the passport application of the petitioner and issue passport to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

5. It is also made clear that in case charge sheets filed and taken on file against the petitioner, the petitioner shall voluntarily 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.

6.The writ petition stands disposed of. No costs. 25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.Regional Passport Officer, Regional Passport Office, Tiruchirapalli New Municipal Complex, Thillainagar 7th Cross, Tiruchirapalli - 620018.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

3.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

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C.SARAVANAN, J.

sn W.P(MD).No.23005 of 2025 25.08.2025 5/5