Muthupandi Vs The Regional Passport Officer

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to issue passport by processing the application No.TR1065028807425, dated 14.05.2025 within a stipulated time period in accordance with law, on the basis of the explanationcum-representations, dated 04.06.2025.

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

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W.P.(MD) No. 18400 of 2025

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For petitioner : Mr. C.Senthil Murugan

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For respondents : Ms.M.Anbarasi Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2

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ORDER

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This Writ Petition is disposed of at the time of admission with the consent

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of the learned counsel for the petitioner, learned Central Government Standing Counsel for the first respondent and learned Government Advocate (Crl.Side) for the second respondent.

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The petitioner is the fifth accused in Crime No.19/2022 for the offences under Sections 379 IPC r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.

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It is informed by the learned Government Advocate (Crl.Side) for the second respondent that the petitioner was a minor at the time of commission of offence.

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W.P.(MD) No. 18400 of 2025

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It is further informed that the charge sheet was made ready as early as 29.10.2024 and is yet to be filed before the Juvenile Justice Board, Thanjavur and steps will be taken for filing and for taking the same on record before that Court.

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In the light of the Notification issued by the Central Government in GST No.570(E), Ministry of External Affairs, dated 25.08.1993 and Sections 6(2)(f) and 10(3)(e) of the Indian Passport Act, 1967, it is evident that there is no legal bar in processing the passport application of the petitioner, as no criminal case is pending. However, considering the fact that the charge sheet has already been made ready on 29.10.2024, the second respondent is given time to have the charge sheet taken on file by the Juvenile Justice Board, Thanjavur within a period of three (3) months from the date of receipt of a copy of this order.

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In case the charge sheet is not taken on the file of the Juvenile Justice Board, Thanjavur within such time, the first respondent shall proceed to issue the passport to the petitioner.

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In case the charge sheet filed is taken on file within the above stipulated time, it is for the petitioner to file a suitable application before the said Board for

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W.P.(MD) No. 18400 of 2025

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appropriate orders for the first respondent to proceed the application.

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