Disposed¶29

Kabilan v. The Government of India

Passport – Mandamus under Article 226

Madras HC12 Jun 2025WP(MD)/14838/2025

Download

Case brief

AI extract

What is this about?

W.P(MD)No.14838 of 2025, Madurai Bench of Madras High Court, C.Saravanan J, 12.06.2025 — issuance of fresh passport despite pending criminal case (Crime No.166 of 2025, Accused No.2, Section 4A Tamil Nadu Prohibition Act, 1938); passport application dated 10.03.2025 under Passports Act, 1967; representation dated 22.05.2025; prematurity objection rejected; three-week direction to Regional Passport Office, Madurai; writ disposed, no costs.

What did the court decide?

Mandamus direction to the first respondent (Regional Passport Office, Madurai) to issue a passport to the petitioner within three weeks from the date of receipt of a copy of the order, if the application is otherwise in order, save for the petitioner's involvement in Crime No.166 of 2025; no order as to costs. ¶29

Kabilan Vs The Government of India — Writ and Judicial Review | Madras HC (2025)

¶1

W.P(MD)No.14838 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 12.06.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

W.P(MD)No.14838 of 2025

¶7

Kabilan ... Petitioner

¶8

Vs.

¶9

1.The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

¶10

2.The Inspector of Police, Thirupuvanam Police Station, Sivagangai District. ...Respondents

¶11

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to issue fresh passport to the petitioner and permit the petitioner to go to abroad by considering the petitioner's representation, dated 22.05.2025 within the time limit that may be fixed by this Court.

¶12

1/5

¶13

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

¶14

W.P(MD)No.14838 of 2025

¶15

For Petitioner : Mr.S.Vidhya Sagar For R1 : Mr.G.Vishnuram Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

¶16

ORDER

¶17

This writ petition has been filed for a Mandamus to direct the first respondent to issue fresh passport to the petitioner and permit the petitioner to go to abroad by considering the petitioner's representation, dated 22.05.2025.

¶18

A reading of the affidavit filed in support of the writ petition and considering the submission of the learned Government Advocate for the second respondent, it appears that the petitioner had submitted an application for issuance of a passport under the Passports Act, 1967 on 10.03.2025. Subsequently, on 08.04.2025, the petitioner was found consuming alcohol and the proceedings were initiated for the alleged offence under Section 4A of the Tamil Nadu Prohibition Act, 1938.

¶19

2/5

¶20

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

¶21

W.P(MD)No.14838 of 2025

¶22

The petitioner has been arrayed as Accused No.2 in Crime No.166 of 2025 before the second respondent and a charge sheet has been filed against the petitioner. However, the case has not yet been taken on file before the concerned Magistrate Court. The offence alleged against the petitioner is minor in nature.

¶23

The learned Central Government Standing Counsel for the first respondent would submit that the writ petition is premature as the report from the second respondent is awaited.

¶24

I have considered the arguments advanced by the learned counsel for the petitioner, learned Central Government Standing Counsel for the first respondent and the learned Government Advocate for the second respondent.

¶25

I see no impediment in directing the first respondent to issue passport to the petitioner if the petitioner's application is otherwise in order, except for the petitioner's involvement in Crime No.166 of 2025 under Section 4A of the Tamil Nadu Prohibition Act, 1938 within a period of three weeks from the date of receipt of a copy of this order.

¶26

3/5

¶27

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

¶28

W.P(MD)No.14838 of 2025

¶29