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Balakumar v. The Government of India

Madras HC5 Aug 2025WP(MD)/21328/2025

Case brief

AI extract

What is this about?

Passport re-issue; inclusion of spouse's name in passport; mandamus under Article 226; Regional Passport Office Madurai; Ministry of External Affairs; pending criminal case Crime No.110 of 2016, Devipattinam Police Station, Ramanathapuram; charge sheet with petitioner's name deleted from array of accused; IPC Sections 147, 294(b), 323, 506(i); Tamil Nadu Prohibition of Harassment of Women Act, 1998 Section 4; three-week compliance timeline; Madras High Court Madurai Bench; Justice C. Saravanan; decided 05.08.2025; W.P.(MD) No.21328 of 2025.

What did the court decide?

Direction to the first respondent to pass appropriate orders on the petitioner's application for inclusion of his wife Nandhini's name pursuant to the representation dated 25.07.2025, within three weeks of receipt of a copy of the order; writ petition disposed of with no costs.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the first respondent (Regional Passport Office, Madurai) to re-issue the petitioner's passport and permit foreign travel by considering his application dated 18.06.2025 and representation dated 25.07.2025 for inclusion of his wife Nandhini's name.

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Court's answer

In view of the charge sheet being ready with Section 147 IPC deleted and the petitioner's name deleted from the array of accused, the court sees no impediment in directing the first respondent to pass appropriate orders on the petitioner's application for including the name of his wife Nandhini pursuant to the representation dated 25.07.2025.

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Ratio / Principle

The first respondent shall complete the exercise of passing orders on the petitioner's representation within three weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ petition (W.P.(MD) No.21328 of 2025) under Article 226 of the Constitution of India seeking a writ of mandamus to the Regional Passport Office, Madurai (first respondent) to re-issue the petitioner Balakumar's passport and permit him to travel abroad by considering his application (File No. MD1075199665525 dated 18.06.2025) and representation dated 25.07.2025 for inclusion of his wife Nandhini's name. The petitioner, working in Malaysia, had initially been arrayed as an accused in Crime No.110 of 2016 on the complaint of Easwari under Sections 147, 294(b), 323 and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The learned Government Advocate (Crl.side) stated on instructions that the charge sheet was ready with Section 147 IPC deleted and the petitioner's name deleted from the array of accused. Holding there was no impediment, C. Saravanan J. directed the first respondent to pass appropriate orders on the representation dated 25.07.2025 within three weeks of receipt of a copy of the order; the writ petition was disposed of with no costs.

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W.P.(MD) No.21328 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) No.21328 of 2025

Balakumar

... Petitioner

/vs./

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

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2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to re-issue passport to the petitioner and to permit the petitioner to go to abroad by considering the petitioner's application in File No. MD1075199665525 dated 18.06.2025 as well as petitioner's representation dated 25.07.2025 within the time limit that may be stipulated by this Court.

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

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W.P.(MD) No.21328 of 2025

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For Petitioner : Mr.S.Jeyakarthik For R1 : Mr.S.Selva Krishnan CGSC For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

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ORDER

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Mr.S.Selva Krishnan, learned Central Government Standing Counsel takes notice for the first respondent and Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.side) takes notice for the second respondent.

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2.This writ petition has been filed for a Mandamus to direct the first respondent to re-issue the passport to the petitioner and to permit the petitioner to go to abroad, by considering the petitioner's passport application bearing File No. MD1075199665525, dated 18.06.2025, as well as petitioner's representation dated 25.07.2025.

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3.It is submitted that the petitioner is a holder of a passport bearing Passport No.B8181500, which is valid between 13.06.2024 and 12.06.2034.

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

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W.P.(MD) No.21328 of 2025

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4.It is submitted that since the petitioner is working in Malasiya, he wanted to take his wife, namely, Nandhini and therefore, wanted the name of his wife, Nandhini, to be included in the passport.

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5.It is noticed that initially, the petitioner was arrayed as one of the accused in Crime No.110 of 2016 at the behest of one complainant, namely, Easwari, for the offences under Sections 147, 294(b), 323 and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998.

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6.The learned Government Advocate (Crl.side) for the second respondent, on instructions, would submit that a charge sheet has been made ready, deleting Section 147 IPC and the name of the petitioner has been deleted from the array of the accused persons.

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7.Considering the above, I see no impediment in directing the first respondent to pass appropriate orders on the petitioner's application for including the name of the petitioner's wife, Nandhini, pursuant to the representation dated

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

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W.P.(MD) No.21328 of 2025

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25.07.2025. This exercise shall be completed by the first respondent within a period of three weeks from the date of receipt of a copy of this order.

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8.With the aforesaid directions, the Writ Petition stands disposed of. No

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costs.