Ameer Jawaharali Khan Vs the Regional Passport Officer

pleased to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to return the interim custody of the passport bearing No.W9443609 to the petitioner very immediately.

¶17

For Petitioner : Mr.Dalit Tiger C. Ponnusamy

¶18

For Respondents : Mr.R.Siddharth,

¶19

Central Government Standing Counsel, for RR-1 and 2 : Dr.C.E.Pratap, Government Advocate (Crl. Side) for R3

¶20

ORDER

¶21

The prayer in the Writ Petition is to direct the respondent Nos.1 and 2

¶22

herein to return the custody of the passport of the petitioner herein bearing

¶23

No.W9443609 to the petitioner immediately.

¶24

The case of the petitioner is that when he arrived India from abroad,

¶25

there was a look out circular and he was also arrested and produced before

¶26

the concerned Court and he has already appeared before the concerned Court

¶27

2/7

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.No.16564 of 2025

¶30

and is now enlarged on bail. When the passport was sought to be seized by

¶31

the Inspector of Police, already, the petitioner filed Crl.R.C.No.500 of 2025

¶32

and the said case was disposed of on 28.03.2025 on the following terms:-

¶33

"5. This Court, again and again states that neither the prosecution agency, nor the Court, has authority to impound the Passport. The power of impounding the Passport only vests with the Passport Authority. Hence, the learned Metropolitan Magistrate is directed to take steps to return the petitioner's passport to the concerned Passport Authority in accordance with law."

¶34

It is the case of the petitioner that even thereafter, the passport is not

¶35

handed over to him and the respondent Nos.1 and 2 have the custody of the

¶36

passport. The petitioner has already made a representation on 22.04.2025 to

¶37

the respondent Nos.1 and 2 in that regard.

¶38

Mr.R.Siddharth , learned Central Government Standing Counsel

¶39

takes notice for the respondent Nos.1 and 2 and Dr.C.E.Pratap , learned

¶40

Government Advocate (Crl. Side) takes notice for the third respondent.

¶41

However, the learned Central Government Standing Counsel for the

¶42

3/7

¶43

https://www.mhc.tn.gov.in/judis

¶44

W.P.No.16564 of 2025

¶45

respondent Nos.1 and 2 seeks time for instructions.

¶46

In view of the limited nature of the prayer that is sought for, without

¶47

giving further time, this Writ Petition is disposed of on the following terms:-

¶48

(i) The respondent Nos.1 and 2 shall take up the representation of the

¶49

petitioner, dated 22.04.2025 for enquiry;

¶50

(ii) The petitioner shall appear before the first respondent immediately

¶51

and the first respondent shall enquire into the matter and pass orders in accordance with law as expeditiously as possible in view of the fact that the

¶52

petitioner is pleading that his job opportunity in abroad will be lost very soon;

¶53

(iii) The learned Central Government Standing Counsel for the

¶54

respondent Nos.1 and 2 is directed to instruct the first respondent about the order of this Court;

¶55

(iv) The parties shall act upon a web-copy of this order without waiting for a certified copy of this order;

¶56

4/7

¶57

https://www.mhc.tn.gov.in/judis