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Madras High CourtWP(MD)/24577/2025dismissed

M.Muthuselvam v. The Regional Passport Officer

2025-09-11Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.24577 of 2025 and W.M.P(MD).No.19277 of 2025 M.Muthuselvam ..Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police, Kundrakudi, Sivagangai District.

Crime No.11 of 2021 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in Letter Ref No.FCL/320782709/25 dated 20.02.2025 and quash the same and consequently directing the first respondent to reconsider passport application No.MD1066506289724 dated 28.04.2024 and to issue passport to the petitioner within the time that may be stipulated by this Court. For Petitioner : Mr.K.Palmurugan For Respondents : Mr.D.M.Balakrishnan (for R1) Mr.S.Prakash (for R2) Government Advocate (crl.side) 1/5

ORDER

This writ petition has been filed to quash the impugned order passed by the first respondent in Letter Ref No.FCL/320782709/25 dated 20.02.2025 and consequential direction to the first respondent to reconsider passport application No.MD1066506289724 dated 28.04.2024 and issue passport to the petitioner.

2. Heard the learned counsel appearing for the petitioner and Mr.D.M.Balakrishnan, learned counsel, who takes notice for the first respondent and Mr.S.Prakash, learned Government Advocate (crl.side), who takes notice for the second respondent. By consent, this writ petition is taken up for final disposal at the time of admission itself.

3. The petitioner has made an application to the first respondent on 28.04.2024 seeking issuance of passport. The first respondent asked the petitioner to appear before him on 01.05.2024. The petitioner had accordingly appeared before the first respondent and submitted all the relevant documents, at that point in time, the first respondent officers informed that there was an FIR pending against the petitioner and therefore, the passport cannot be issued and the petitioner was also directed to obtain a direction of the Court to issue passport.

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4. The second respondent had registered the complaint against the petitioner and four others for the offences under Sections 147, 294(b), 323 and 506(i) of IPC and the FIR, which was registered, would reveal that during the Pongal festival, the petitioner and others had physically assaulted the defacto complainant and his brother and had also disturbed the public peace. The final report has been laid before the learned Judicial Magistrate, Karaikudi. The petitioner has been arrayed as an accused therein.

5. Considering the nature of the allegations contained in the complaint registered by the second respondent and also the fact that the proceedings are pending before the learned Judicial Magistrate, Karaikudi, the first respondent's refusal to grant the passport appears justifiable. Hence, I do not find any reason to interfere with the impugned order. Accordingly, this Writ Petition is dismissed. It is open to the petitioner to move application before the appropriate forum. No costs. Consequently, connected Miscellaneous Petition is closed.

11.09.2025 NCC : Yes/No Index : Yes/No 3/5

Internet:Yes Rmk To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police, Kundrakudi, Sivagangai District.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.24577 of 2025 11.09.2025 5/5