T. Subburam v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.32637 of 2025 and W.M.P(MD)No.25723 of 2025 T.Subburam

...Petitioner

Vs

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

2. The State of Tamilnadu Rep by the Inspector of Police, Saptur Police Station,

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORARIFIED MANDAMUS calling for the records pertaining to the 1st respondents show cause notice in SCN/1049952257/25 dated 28.08.2025 and quash the same as illegal and consequently directing the 1st Respondent to issue a positive Police clearance certificate to the petitioner in his passport bearing No. V1627616 on the strength of 2nd respondent's report in Crime No.48/2025 connection with petitioners application file No. 1/4

MD1084937818325 dated 08.08.2025 by considering the petitioner's representation dated 07.11.2025.

For Petitioner : M/s.G.Subiksha For Respondents : Mr.T.Mahendran Central Government Standing Counsel for R1 Mr.S.Prakash Government Advocate(Crl.side) for R2 * * * * *

ORDER

The present writ petition has been filed seeking to quash a show cause notice issued by the first respondent on 28.08.2025 wherein the request of the petitioner for issuance of positive police clearance certificate has been rejected.

2. A perusal of the records reveal that the petitioner was earlier implicated in a criminal case in Cr.No.48 of 2025 on the file of the Saptur Police Station,

3. According to the learned counsel appearing for the writ petitioner, the petitioner's name has been deleted from the charge sheet. Therefore, there is no other legal impediment for issuance of the positive police clearance certificate. 2/4

4. The learned Government Advocate(crl.side) appearing for the second respondent submits that the petitioner has also been implicated in another criminal case in Cr.No.31 of 2025 on the file of the second respondent herein and charge sheet is yet to be filed.

5. Mr.T.Mahendran, learned Central Government Standing Counsel appearing for the first respondent submits that this is not a case of issuance of passport but the petitioner is seeking police clearance certificate. According to him, they are only issuing authority based upon the data provided by the police officials. In the present case, the petitioner having been involved in a criminal case and the said case is yet to be disposed of, they do not have any discretion whatsoever to issue the police clearance certificate.

6. In view of the above said facts, the order impugned in the writ petition does not suffer from any infirmity or illegality. There are no merits in the writ petition. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 03.12.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To

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

2. The Inspector of Police, Saptur Police Station, W.P.(MD)No.32637 of 2025 03.12.2025 4/4