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2025 DAILYLAW 66287 (MAD)

R.PANDIYAN v. TEH REGIONAL PASSPORT OFFICER

WP/20024/2024 · 2025-04-28

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.20024 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.20024 of 2024 R.Pandiyan ... Petitioner Vs. 1.The Regional Passport Officer Regional Passport Office New Municipal Complex Thillainagar 7th Cross Tiruchirapalli 620 018. 2.The Inspector of Police Anaikaranchatram Police Station Mayiladuthurai District. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the first respondent to issue a passport to the petitioner, by considering his application No.TR7065998096923 dated 22.11.2023, within the time limit to be stipulated by this Court. 1/5 https://www.mhc.tn.gov.in/judis W.P.No.20024 of 2024 For Petitioner : Mr.M.Vijay Ragavan For Respondents : Mr.T.V.Krishnamachari (CGSC) for R1 Dr.C.E.Pratap for R2 Government Advocate (Crl.Side) ORDER This Writ Petition is filed for directing the first respondent to issue passport to the petitioner by considering his application No.TR7065998096923 dated 22.11.2023. 2. After hearing the learned counsel for the petitioner and perusing the material records of the case, it is seen that upon receipt of the adverse police report passport is not issued to the petitioner. 3. When the matter came up for hearing, the learned Government Advocate (Crl.side) would submit that there is a First Information Report that is pending against the petitioner in Crime No.254 of 2023 on the file of the second respondent. It has already been held by the Division Bench of this Court in Arumugam Vs. Regional Passport Officer, W.A(MD).No.301 of 2/5 https://www.mhc.tn.gov.in/judis W.P.No.20024 of 2024 2018 that the First Information Report cannot be considered to be a criminal case for the purpose of issue of passport and Government of India has also issued guidelines accordingly. 4. In view thereof, this Writ Petition is disposed of on the following terms; (i) The first respondent is directed to consider the application of petitioner in file No.TR7065998096923 dated 22.11.2023 and issue passport to the petitioner de hors the pendency of the criminal case, there is no other impediment in accordance with law; (ii) The above said exercise shall be completed within a period of 8 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. (iii) No costs. 28.04.2025 Neutral Citation : No dna 3/5 https://www.mhc.tn.gov.in/judis W.P.No.20024 of 2024 To 1.The Regional Passport Officer Regional Passport Office New Municipal Complex Thillainagar 7th Cross Tiruchirapalli 620 018. 2.The Inspector of Police Anaikaranchatram Police Station Mayiladuthurai District. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.20024 of 2024 D.BHARATHA CHAKRAVARTHY , J. dna W.P.No.20024 of 2024 28.04.2025 5/5 https://www.mhc.tn.gov.in/judis