Madras High CourtWP(MD)/23192/2025disposed of

S.Kaviyarasan v. The Regional Passport Officer

2025-08-28Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN S.Kaviyarasan ... Petitioner Vs

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar, 7th Cross, Trichirappalli -620018.

2. The State Rep. By the Inspector of Police, Orathanadu Police Station, Thanjavur District.

... 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 based on the petitioner's Application No.TR1067118715924 dated 14.11.2024. For petitioner : Mr. S.Sathyachidambaram 1/5

For respondents : Mr. R.Ganesh Kumar 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. This Writ Petition has been filed for a Mandamus to direct the first respondent to issue passport based on the petitioner's Application No.TR1067118715924 dated 14.11.2024.

3. The learned Government Advocate (Crl.Side) for the second respondent submits that the petitioner has been arrayed as A38 in FIR in Crime No.189/2017, dated 25.04.2017 for the offences under Sections 341, 143 and 188 of IPC. 2/5

4. It is further submitted that although charge sheet has been filed as early as 25.04.2017, the same has not been taken on file by the learned Judicial Magistrate, Orathanadu.

5. Considering the same, there can be no impediment in directing the first respondent to process the passport application of the petitioner and issue the same. 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, charge sheet is taken on file against the petitioner by the concerned Court, the petitioner shall voluntarily surrender the passport before the concerned Court and retrieve the same from the said Court as and when the petitioner desires to travel abroad.

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 3/5

petitioner and deliver it before the concerned Court and 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 28.08.2025 Internet : Yes / No apd To

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar, 7th Cross, Trichirappalli -620018.

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

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C.SARAVANAN, J.

apd 28.08.2025 5/5