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Madras High CourtWP(MD)/35299/2025disposed of

G.Marimuthu v. The Regional Passport Officer

2026-01-28Honourable Mr Justice R.Vijayakumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.35299 of 2025 and W.M.P(MD)No.27984 of 2025 G.Marimuthu

...Petitioner

Vs

1. The Regional Passport Officer, Regional Passport Office, Trichy.

2. The Director of Medical Education and Research, Directorate of Medical Education and Research, Thanjavur Medical College, Thanjavur.

3. The Dean, Thanjavur Medical College, Thanjavur District.

...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 relating to the impugned order passed by the 1st respondent in his proceedings NIL dated 16.10.2020 and quash the same as illegal, in so far as the requirement of submission of "No Due Certificate" from the 3rd respondent College alone and consequently directing the 1st Respondent to renew the petitioner's passport within a time frame as fixed by this Court.

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For Petitioner : M/s.T.Pradeep for M/s.B.Saravanan Associates For Respondents : Mrs.S.Mahalakshmi Central Government Standing Counsel for R1 M/s.P.T.Thiraviyam Government Advocate for R2 and R3

ORDER

The present writ petition has been filed seeking to quash the order passed by the first respondent herein, wherein the petitioner was directed to get "No Due Certificate" from the Medical College after payment of the required fees.

2. The petitioner herein who is the physician, got admission in the super speciality course under the service quota. At the time of getting admission, he was directed to execute a service bond for a sum of Rs.10,00,000/- and he had agreed to be in Government service till his superannuation. However, in breach of his service bond, he remained absent and he was removed from service on 06.10.2018 on the ground of unauthorised absence. Thereafter, proceedings have been issued by the second respondent herein to recover the bond amount of around Rs.31,00,000/- including interest.

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3. The petitioner had approached this Court in W.P.(MD)No.21124 of 2025, seeking to quash the order wherein the bond amount was sought to be recovered from him. This Court by an order dated 04.08.2025 had directed the petitioner to pay the bond amount within a period of three months from the date of receipt of a copy of the order. This order was put to challenge by the petitioner in W.A.(MD)No.2704 of 2025. The Hon'ble Division Bench by an interim order dated 18.09.2025 had found that the petitioner has already paid around Rs.17,00,000/- and therefore, granted an order of interim stay with regard to collection of the balance amount.

4. The petitioner has made an application to the first respondent seeking renewal of his passport. The renewal of the passport was put on hold on the ground that the second respondent has raised objections with regard to the nonpayment of the bond amount. Hence, the present writ petition.

5. The learned Government Advocate appearing for the respondents 2 and 3, on instructions, submitted that in case, if the petitioner is permitted to go abroad, it would be very difficult to invoke the Revenue Recovery Act and recover the balance amount of Rs.7,65,635/-. According to him, on payment, the petitioner may be permitted to go abroad.

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6. The learned Central Government Standing Counsel appearing for the first respondent submitted that due to the objections raised by the second respondent, the application of the petitioner has not been processed and it has been closed. In case, if any fresh application is filed, the same would be considered on its merits.

7. I have considered the submissions made on either side and perused the materials available on record.

8. Considering the fact that the petitioner has broken the bond which he had entered into with the second respondent and he has been called upon to pay a sum of Rs.7,65,635/-, this Court is of the considered opinion that the petitioner could be issued with the passport with short validity, namely, for a period of one year. The renewal of the passport or re-issuance of the passport would depend upon the order to be passed in the writ appeal. The first respondent is directed to issue the passport with a short validity, namely, for period of one year within a period of 4(four) weeks from the date of receipt of a copy of this order on filing of the fresh application. 4/7

9. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 28.01.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 5/7

To

1. The Regional Passport Officer, Regional Passport Office, Trichy.

2. The Director of Medical Education and Research, Directorate of Medical Education and Research, Thanjavur Medical College, Thanjavur.

3. The Dean, Thanjavur Medical College, Thanjavur District.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.35299 of 2025 28.01.2026 7/7