Rajkumar Lakshmanan 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 reissue/renew the petitioner’s passport based on the petitioner’s application in file No.TR2075299171625 dated 07.07.2025 within the period that may be stipulated by this Court.

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For petitioner : Mr. B. Janarth Kumar

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

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W.P.(MD) No. 22635 of 2025

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For respondents : Mr.B.Ponnupandi Deputy Solicitor General of India for R1

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Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) for R2 *****

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ORDER

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This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner, the learned Deputy Solicitor General of India for the first respondent and the learned Government Advocate (Crl.Side) for the second respondent.

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This Writ Petition has been filed for a Mandamus to direct the first respondent to reissue/renew the petitioner’s passport based on the petitioner’s application in file No.TR2075299171625 dated 07.07.2025.

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The learned Government Advocate (Crl.Side) for the second respondent submits that an FIR has been registered against the petitioner and one Baskar in Crime No.293 of 2019 dated 21.08.2019 for the offences under Section 379 IPC and 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957.

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

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W.P.(MD) No. 22635 of 2025

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It is submitted that the petitioner has been arrayed as accused in the capacity of owner of the vehicle bearing Reg.No.TN-48-H-7706.

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It is however submitted that although FIR has been registered, no charge sheet has been filed and the case is still under investigation.

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Since neither a charge sheet has been filed nor the same has been taken on file by the concerned Court, there can be no impediment in directing the first respondent to process the passport application of the petitioner in File No.TR2075299171625 dated 07.07.2025. Therefore, there shall be a direction to the first respondent to process the aforesaid application of the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order.

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It is, however, made clear that in case, during the interregnum, charge sheet is filed against the petitioner before the concerned Court, the petitioner shall voluntarily surrender the passport before the concerned Court and retrieve the same from the said Court as and when the petitioner desires to travel abroad.

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

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W.P.(MD) No. 22635 of 2025

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It is made clear that in case, the petitioner fails to comply with any of the above stipulations, the second respondent is at liberty to seize the passport of the petitioner and deliver it before the concerned Court and it is also open for the first respondent to take steps to cancel the passport to be issued to the petitioner.

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