V.Nagulan Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

V.Nagulan Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: first respondent directed to process the petitioner's passport application (File No.TR2075206103225) and issue the passport as expeditiously as possible, subject to the condition that the petitioner voluntarily surrenders the passport before the concerned court if charge sheets are filed and taken on file after his return from Sri Lanka, with liberty to the first respondent to cancel the passport on non-compliance. No costs.

Issue for consideration

Whether a writ of Mandamus should issue directing the first respondent (Regional Passport Officer) to process and issue the petitioner's passport pursuant to application File No.TR2075206103225. +1 more

Court's answer

In view of the petitioner's proposed travel to Sri Lanka for a marriage to be held on 06.09.2025, the first respondent is directed to process the passport application and issue the passport as expeditiously as possible, subject to such terms as may be warranted.

Ratio / Principle

Since no criminal case is pending against the petitioner before any Court as on date, there can be no impediment in directing the first respondent to process the petitioner's passport application.

Key takeaways

Condition imposed: the petitioner shall voluntarily surrender the passport before the concerned court after his return from Sri Lanka if charge sheets are filed and taken on file against him in the said cases, and may retrieve it as and when he proposes to travel abroad by filing an appropriate application.ratio¶29
If the petitioner fails to comply with the surrender condition, the first respondent is at liberty to cancel the passport.ratio¶29

Detailed headnote1 paragraphs

Passport - Mandamus - Petitioner, shown as accused in Crime No.33/2025 (Ss.275, 123 BNS r/w 20(2), 6(a), 24(1) COTPA Act) and Crime No.134/2022 (S.6(b) r/w 24(1) COTPA Act and S.77 JJ Act), both under investigation with no case pending before any Court - Held, no impediment in directing the Regional Passport Officer, Tiruchirapalli to process passport application File No.TR2075206103225 and issue passport expeditiously, the petitioner proposing to travel to Sri Lanka for a marriage on 06.09.2025 - Subject to condition that petitioner voluntarily surrenders passport before the concerned court if charge sheets are filed and taken on file after his return, with liberty to the first respondent to cancel the passport on non-compliance - Writ petition disposed of, no costs.

W.P(MD)No.23024 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P(MD)No.23024 of 2025

V.Nagulan ... Petitioner

Vs.

1.The Regional Passport Officer, Tiruchirapalli Region, New Municipal Complex, Thillainagar, 77th Cross Street, Thiruchirapalli 620018.

2.The Inspector of Police, Manachanallur Police Station, Trichy District. ...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue a passport to the petitioner by considering the petitioner's passport application vide File No.TR2075206103225 within a stipulated period as prescribed by this Court.

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W.P(MD)No.23024 of 2025

For Petitioner : Mr.S.Balaji

For R1 : Mr.G.Moovendran Central Government Standing Counsel For R2 : Mr.Vaikam Karunanidhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed for a Mandamus to direct the first respondent to issue a passport to the petitioner by considering the petitioner's

passport application vide File No.TR2075206103225

The learned Government Advocate for the second respondent submits

that the petitioner has been arrayed as an accused in the following two cases:

S.No	Crime No.	Section of Law	Stage of the case
1	33/2025	275, 123 BNS r/w 20(2), 6(a), 24(1)COTPA Act	Under investigation
2	134/2022	6(b) r/w24(1) COTPA Act and 77 JJ ACt	Under investigation

Since no criminal case is pending against the petitioner before any

Court as on date, there can be no impediment in directing the first respondent to process the petitioner's passport application.

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W.P(MD)No.23024 of 2025

Considering the fact that the petitioner proposes to travel Sri Lanka in connection with the marriage to be held on 06.09.2025, the first respondent is directed to process the passport application of the petitioner and issue passport to the petitioner as expeditiously as possible subject to such terms as may be warranted.

It is also made clear that the petitioner shall voluntarily surrender the passport before the concerned court after his return from Sri Lanka in case charge sheets are filed and taken on file against the petitioner in respect of the above cases, and retrieve the same as and when the petitioner proposes to travel abroad by filing appropriate application. If the petitioner fails to comply with this condition, the first respondent is at liberty to cancel the passport.

6.The writ petition stands disposed of. No costs.

26.08.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No sn

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W.P(MD)No.23024 of 2025

To

1.The Regional Passport Officer, Tiruchirapalli Region, New Municipal Complex, Thillainagar, 77^th Cross Street, Thiruchirapalli 620018.

2.The Inspector of Police, Manachanallur Police Station, Trichy District.

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W.P(MD)No.23024 of 2025

C.SARAVANAN, J .

sn

W.P(MD)No.23024 of 2025

26.08.2025

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