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Madras High CourtWP(MD)/29062/2025disposed of

P.Kathirvel v. The Regional Passport Officer,

2025-11-27Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.29062 of 2025 P.Kathirvel ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office (Madurai), Bharathi Ula Road, Ramaond Reserve Line, Madurai - 625 002.

2. The Inspector of Police, Kadupatti Police Station, Madurai 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 1st Respondent herein to forthwith return the passport of the Petitioner bearing Passport No.AD482588 withheld vide proceedings dated 30/07/2025 and 19/09/2025 respectively in File No.MD1065285542925 based on the explanation dated 26/09/2025 and relevant records in connection to the disposal of FIR No.41 of 2012 submitted by the Petitioner and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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For Petitioner : Mr.K.C.Ramalingam For R1 : Mr.R.Paranjothi Central Government Standing Counsel For R2 : Mr.S.Prakash Government Advocate (Crl.Side)

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st Respondent herein to forthwith return the passport of the Petitioner bearing Passport No.AD482588 withheld vide proceedings dated 30/07/2025 and 19/09/2025 respectively in File No.MD1065285542925 based on the explanation dated 26/09/2025 and relevant records in connection to the disposal of FIR No.41 of 2012 submitted by the Petitioner and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice."

2. The facts as set out in the affidavit filed in support of the writ petition reads as follows:- The case of the petitioner is that he was granted passport on 07.07.2025 and the same is valid till 06.07.2035. While so, on 30.07.2025, he received a letter from the 1st respondent, wherein he was directed to appear before the 1st respondent in person along with original passports 2/6

and documents and to give an explanation regarding adverse police verification report received with remarks that applicant not cooperated.

3. He would submit that he had received an offer letter from the Carrefour Group for the post of Supermarket Department Manager on 20.08.2025. Pursuant to the letter dated 30.07.2025, he appeared before the 1st respondent on 28.08.2025 and handed over the original passport and documents. Thereafter, once again by a clarification letter dated 19.09.2025, he was directed to appear before the 3rd respondent. Pursuant to which, the petitioner had submitted a detailed explanation dated 26.09.2025 along with proof.

4. He would further submit that he had also appeared on 07.10.2025 and gave an oral explanation before the 1st respondent, however, the same has not been considered by the 1st respondent and further he refused to return the petitioner's original passport until adverse report is clarified. 3/6

5. The learned counsel appearing for the petitioner would submit that a complaint was lodged against the petitioner and four others and FIR has also been registered for the alleged offences punishable under Section 109, 147, 148, 294(b), 307 & 324 of IPC.

6. He would submit that even after a lapse of 13 years, no charge sheet has been filed against the petitioner and the others.

7. That apart, he would submit that the petitioner has filed emergent copy application seeking certified copies of documents in Crime No.41 of 2012, on the file of the learned Judicial Magistrate Court, Vadipatti, however, the same was returned as charge sheet not filed. Further, in the online FIR also the status of the case is shown as disposed.

8. Heard the learned counsel on either side.

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9. Considering the fact that an explanation has been submitted by the petitioner to the notice issued by the 1st respondent dated 30.07.2025, the 1st respondent shall consider the said explanation, afford an opportunity of personal hearing to the petitioner and thereafter, pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this order. The respondent shall also take note of the fact that for 13 years no charge sheet has been filed against the petitioners and others.

10. With the above directions, the writ petition stands disposed of. No costs.

27.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.T.ASHA, J.

rgm To

1. The Regional Passport Officer, Regional Passport Office (Madurai), Bharathi Ula Road, Ramaond Reserve Line, Madurai - 625 002.

2. The Inspector of Police, Kadupatti Police Station, Madurai District.

W.P.(MD).No.29062 of 2025 27.11.2025 6/6